This is a digital copy of a book that was preserved for generations on library shelves before it was carefully scanned by Google as part of a project
to make the world's books discoverable online.
It has survived long enough for the copyright to expire and the book to enter the public domain. A public domain book is one that was never subject
to copyright or whose legal copyright term has expired. Whether a book is in the public domain may vary country to country. Public domain books
are our gateways to the past, representing a wealth of history, culture and knowledge that's often difficult to discover.
Marks, notations and other marginalia present in the original volume will appear in this file - a reminder of this book's long journey from the
publisher to a library and finally to you.
Usage guidelines
Google is proud to partner with libraries to digitize public domain materials and make them widely accessible. Public domain books belong to the
public and we are merely their custodians. Nevertheless, this work is expensive, so in order to keep providing this resource, we have taken steps to
prevent abuse by commercial parties, including placing technical restrictions on automated querying.
We also ask that you:
+ Make non-commercial use of the files We designed Google Book Search for use by individuals, and we request that you use these files for
personal, non-commercial purposes.
+ Refrain from automated querying Do not send automated queries of any sort to Google's system: If you are conducting research on machine
translation, optical character recognition or other areas where access to a large amount of text is helpful, please contact us. We encourage the
use of public domain materials for these purposes and may be able to help.
+ Maintain attribution The Google "watermark" you see on each file is essential for informing people about this project and helping them find
additional materials through Google Book Search. Please do not remove it.
+ Keep it legal Whatever your use, remember that you are responsible for ensuring that what you are doing is legal. Do not assume that just
because we believe a book is in the public domain for users in the United States, that the work is also in the public domain for users in other
countries. Whether a book is still in copyright varies from country to country, and we can't offer guidance on whether any specific use of
any specific book is allowed. Please do not assume that a book's appearance in Google Book Search means it can be used in any manner
anywhere in the world. Copyright infringement liability can be quite severe.
About Google Book Search
Google's mission is to organize the world's information and to make it universally accessible and useful. Google Book Search helps readers
discover the world's books while helping authors and publishers reach new audiences. You can search through the full text of this book on the web
at|http : //books . google . com/
,^ ... -^'*'^!i«?f»^=S!«*?
C.T37
HowelFs State Trials.
VOL. XXIV.
[BEING VOL. III. OF THE CONTINUATION]
S4 & S5 GEORGE III A.D. 1794.
COMPLETE COLLECTION
<" : -■■•:•- • ••• - -
OF
AND
PROCEEDINGS FOR HIGH TREASON AND OTHER
CRIMES AND MISDEMEANORS
FROM TH£
EARLIEST PERIOD TO THE YEAR 1783,
WITH XOTES AXD OTHER ILLUSTRATIOJ^S :
COMPII.ED BY
T. B. HOWELL, Esq. F.R.S. F.S.A.
AND
CONTINUED
FROM THE YEAR 1783 TO THE PRESENT TIME;
BY
THOMAS JONES HOWELL, Esq.
VOL. XXIV.
[BEING VOL. III. OF THE CONTINUATION]
34. * 35 GEORGE III A. D. 1794.
LONDON:
PruUed hy T. C. Hansard, Peterborough-Court, FUet-Street t
FOR IjONGMAN, HURST, REES, ORME, and BROWN ; J. M. RICHARDSON ;
BLACK, KINGSBURY, PARBURY, and ALLEN ; BALDWIN, CRADOCK,
AVD JOY ; E. JEFFERY ; J. HATCHARD / R. H. EVANS ; J. BOOKER ;
J. BOOTH; BUDD ahd CALKIN; AND T. C. HANSARD.
1818.
r ''!;W:^Hf?
TABLE OF CONTENTS
TO
VOLUME XXIV.
GEORGE THE THIRD, A. D. 1794.
GOS. Trial of DAVID DOWNIE for High Treason; at a Special
Commission of Oyer and Terminer^ holden at Edinburgh Sep-
tember 5th and 6th : 84 Giobok IIL a. d. 17d4> • 1
6M. The Trial of THOMAS HARDT for High Treason, before the
Court holden under a Special Commission of Oyer and Ter-
mmcr, at the Sessions House in the Old Bailey, on the 28th,
29th, dOth, and 81st days of October, and the 1st, 8d, 4th,
and 5th days of Norember: 85 Gioaai lU. a. d. 1794 19^^
CORRIGENDA.
CORRIGENDA.
Vol. XXIV.
p. 90Sy 1. 15 from ike hatUm^for design, to read design to.
p. S59, 1. 33, to the word ** treason," should he affixed the following Note : — As to which, see
in this Collection the cases of Lord Strafford, Vol. 3, p. 1381 ; of Peter
Messenger and others. Vol. 6, p. 879 ; of Daniel Dammaree and others,
VoJ. 15, p. 591 ; and, of Lord George Gordon, Vol. «1, p. 485.
p. S56, /aft line but one^or laws read law.
PL 660, iaU line^ jfor pp, 104, 108, read pp. 231, et seq. ed of 1817.
p. &I5, line 19» J'or rember read rememuer.
p. 8^7, /. ^3, J'ratn the bottom^ for doos read does.
p. 810, last line but onCyfor belonged read belonging.
p 919, lest line bnU three, dele see.
p. 106 ly line 4, .A"* unanimity. rea</ unanimity :
f I061y imti One but one, /or Debates, renij Debate.
STATE TRIALS,
Trial of David Downie* for High Treason; at a Special 1
CommUsion of Oyer and Terminer, holden at Edinburgh^
September 5th and 6th : 34 George IIL A. o. 1794.t
Mi^^kta^h Friday, Septmhir 5th, 1794.
^ r i Pre^iident, Lord Chif f Baron
of i, Lord Eskgrove, Mr. Baron
fiorton, ijora ^wtnton, Lord Dimsmnan.
Cemmut/ar ikt Crowity—Thc Lord AdvocaU,
■ "^ " :itOf Genenl, Mr. Anstruther, Mr*
I- — Mr* Warr^ndcr,
If €IiMiu£/ /or tht Primner. — Mr. Cnllen, Mr.
iCkft, Mr Fletcher to assist
|j(i««r Mr. John Dttlon.
\ Ckrk tff ijrruif HI.— Vou, the prisoner at
' btr^ f he^** i,'*rtKl nu'n that you shall hear
fsUedf and 3)ipear^ are to pass be-
tween fitir Vortl Ihc king ain) you,
«|PQ» tJ*r tf I ifc and death ; if, ihere-
iJie, jroQ ^^ i^e them, your time is to
•peak witiF tui^TD \\s they come to the book to
re thein called as follows:
--Pritontr^ I challenge him.
^Pti$, I challenge h'mi,
ifk^^Pris. I challenge him.
li?r. — Prii, I challenge him.
— Pri%, I rh^llen^e hira,
:i- — Pri%. I ' ' him.
L — iViY I him.
^Prh. I lij.Hjrii-f iiim,
— Frii, I challenge him.
'"^" — Prit. I chaTtengc him.
(of Queen Street in the
liace^ — Priv, I challenge him.
1,— Prif, I challenge him.
m Ibc case of Robert Watt in the prc-
; VoJumep, 1167.
■kco mHhort-hand by Mr. Blanchard.
Ibift emae uiother, but imperfect^ account
VM MiMMiMd Mmilar tn tfmt of Watt's trial,
vbini Iteft slfeaidy hern noticed^ ante^ Vol, S3.
^ IHIT.
John Scougall» — Prw. I cha;llenge hrm.
John Horner, — Pri*. [ challenge him,
Tho. Hutchinson, — J'ris. I challenge him. J
Archibald Campbell,^ iV is. I challenge him,
George Kinnear,— Pri>. I challenge hint*
2. Wi^lliani Frxser (of Kirk brae head in lhe<
Earish of 8t. Cuthbert*9, of the county of £di»>^
urgh) was sworn,
John Andrew, — Pris. I challenge him,
William L:Lmb, — Pri$, 1 challenge him.
3. Wilham Fettes (of Princes-street, in th*^
city of Edinburgh) was sworn,
William Scut,— Pri*. I challenge him.
James Raunie, — Pris l\ hallengehim*
Jmnes Jameson,— Prii. I challenge him.
4. James Ijndsiiy (of Qtmlity-strcet, Leilh^j
wine Merchant^ was sworn.
Alexander Sherift,— Pr w. I challenge him.
Alexandt^r Rinnear, — Pri^. I challenge him*
5. James Hamilton (of Princcs-strcet, iti^
tlie city of Kclinhurgh, uphobterer) was sworni
6. Alexander Ponton (of Canal-street m\
the city of Edinburgh, wri^ht) was sworn.
David Deuchar (ol High-street, in thecityj
of Edinburgh, seaUengravcr) was sworn. '
8. Chark's Uobinson, (of PrinceS'Slreet^ J
in the city of Edinburgh, painter) wa^ sworn,
9. George Rae (of Leith-wynd, in the parisb'^
of Canongale, candle maker) was sworn^ ^
to. John Bonnar (of Si. Uavid-strt^et, ia^
the city of Edinburgh, painter) was sworn.
It. Pavid Milne (of Queen-street, in thd ,
city of Edinburgh, merchant) wa^ sworn.
Fran. Buc.Sydeserff,— Pm. Irhallengcbim*
James Price, — Prm. 1 challenge him.
12. John Black (of InrkS Clu^e, in the city ^
of Edinburgh, woollen-ilrttper) was sworn.
List or tiii: Jrav.
Robert Young.
William Fraser.
William Fettcji.
James Lindsay.
James Hamilton.
Alexander Ponton.
U
David Deuchar,
Uharl<;s Robertson.
J' ir
JiilVirj .ijiilie.
John Bhvk.
Cfcrk of Arralgti^ — Ccunl thc«c- [He
Ihen called over Ihc names of ihe Jurors
sworn : thuy were accord in j;ly counted.]
Clerk of Arraigns, — Crycr,niake proclama-
tion.
Cryer,—Oyet^ , If any ooii can iaform my
lords, Uie king's attorney general, or this in*
quest now tu be lakt n<, of tlie high treason,
whereof the prisoner at tiic bar stands in-
dicted, let them come forth, and they sliall be
heard ; for now the prisoner stands at the bar
upon bi.^ deliverance, and all others that are
bound by reco^Lcance to give evidence
against the prisoner at the bar, let them coine
furth and give their evidence, or else they for-
feit Ibeir recognizance ; and all jnrynien that
have been called, and have appeared, and are
^01 Mworn^ joaj depart the court.
Clerk nf ^rrai^nj.— David DowdIc, hold
up your haod (which he did).
ilkrk of Arroigns to tlie Jury.— Gciitlc-
meu, you that arc sworn, look upon the priso-
ner, and hearken lo !ii> 4:harj;e ; he stands in-
dicted by the name of David Downie» lale of
Edinburgh, iii the county of Edinburgh, not
Jiaving the fear of God in his heart, nor weigh'
iog the duly of hib allegiance, but bt-in;^ moved
as a false traitor agaiust our lord the kuig, and
wholly withdrawing the cordial love and true
and due obedience, fidchtV) and allegiance^
which every true and faithlul subject »ht>iild»
and of right ought to hear, towards our lord
the king, and wickedly^ nialickiOHly, and
Irailerously, contriving to break axid disturb
the peace, and to change, subvert and over-
throw the government happily estabJLshed in
this kinjEidom, and lo eicite, move, and raise
in-surrertlon, and rebellion, and to dejwse our
J ord the king from the govemraenl of Great
Britain, ^nd to put him to death, on the firO.
day of March last, and on divers oiht r dayi^. —
f be first overt act is, that be, on Uie hrst of
Marcli, did maliciously, wickedly, and ( r alter •
maiy meet, conspire, consult, and mme to
IliOpc and procure a meeting of divers stiujccts,
to be assembled and held within Uie kingdom
of Great Brrtarn» under the name of a con-
vention, for tlir i,{ assummg to them-
selves, at siicli \if. powers ofgoveni-
jneiit and If'gjsiaiMjn, M.ur this kingdom, in-
dependent, kind Ml defiance of ttie aiitliority.
and a^aiust the whole of the parliament of
this kirigduni, aud of subverting and aitering
the ndc and government, and deposing our
lord the knig from the government and royal
stale.
The second oved act is that he roet^ and
consulted to instigate, incite, encoura^, and
porsuHdu the subjects of our brd the king, to
<Miuse and procure divrrs meelmgs ana as*
scrub lies, for the purpose of choosing dele-
gates frum amon^ themselves, to jucel in a
i,i. -».»,, .r ...J... .^ .. n^imj of a r - r- *- -: * ■
j^c of as8'
_ lit: ui I -iJ"!
Trial of David Dowm€
iembled to cluio&e a convention to' be hekl,
the object of which was, to redress nadooal
grievances, by usurping to themselves the
power of government and legislation of this
kingdom, in defiance of the authority of
parhament.
Tli« fourth overt act is, cODsultiiig Xo bring
about, in such convention, lo be held without
the consent of parliament, an alteration and
cbange in the modeof representatioo, and in^
stigaBng and inciting persons to send dele*
gates to such convention, for the same pur-
pose.
The fifth overt act is, that he conspired, with
other false traitors, by farce to oblige the km^
to alter the measures of government, and to
comply with certiin unlawful dcrmaods^ pio-
posiuons, and meastireS| to be theicafUt
made by bim, relating to the king's adminis-
tration of the government of this kingdom.
TJic sixth overt act is, that he conspired to
mise, and make insurrection and rebelhon,
against our lord the kin^.
The seventh overt act is, that he conspired
to oblige the king by force to comply witli
certain demands to be made hv Wun. 4r»U cofw
sent to tlie introduction of u% afld
n^eabures respecting the go\ ' uf this
kingdom.
1 he eighth overt act i«, that he conf^irtdj
consulted, and agreed with other false traiKn^^
to seize and take the caatle of Edtnbur^gh into
his possession, by force of arni»> with gtjn5r
pikes, spears, baiile-«&kea, and other of&naivt
weapons, and Uy provide leaders to be ap-
pointed and instructed by him, and to ky in
wail, and surprise the forces of our lord the
king, sUiLioned in the said Castle of Edin-
burgh, and to attack and 6gbt them, and to
take into hb poises:iion by force, the public
banks, and excise uflite, and to seije wl
imprisun the justice clerk, the lords of councU
and ^cs.'^ion, and justiciary, and the lord pro^
vusf of Kdijiburgh.
The ninth overt act is, that he did trvftismte
and incite divers subjects of our l^'i <.;
to consent tU| anil approve the la^i J
traitcrous propusal^v ^^*^ ^ &td aiui as^fp<i mm
in eiiceiing, and carrying the $ame into cxe^
culton.
Ttie tenth overt act if, that he fOiMpired
and consulted UlUl other fal^ Ir^itnrt tn uto-
cure arms for tlu) pirpo^ oi it
and allacrs, to enable him l^^ ;*
ill the legal eiterciae of his royal power vid
authority.
The eleventh overt act is, '' n^jpiied
to raise and le%y moDey, tli< r-irry
into effect his truiterous puri
'llic Iweltth overt act is, tl '»
rkrtri: ' ,' ' ' V ' di>pcrs*M cfri^n iim-
ir- liipnabUj p&ipen, «Dd
>ur \m Um
aa"
''J
*)
J^ High Trtas6n.
A. D. 1794.
[6
[lft|ift¥ ibe Bame to him, with intem Umt
flhould b4£ accautited for^ and
math way as shmjld be most eal-
10 make, and mi'^e insurrectioQ and
tlMioo af^inst the king.
' Thm Iktfteenth overtiLct is, that be hired and
fgicfd John Fairiey, to oury and disperse
tKsk pipcsi am )a«^t aforesaid, sxid delivered
purpose, with
r said lord the
uir \Mii! in the exercise
0 assist in prosecuting
i^ade to subvert the go-
tjv^rt act is, that he in*
1 Fairlcy, to insljgatp,
/ . ts of our said lurd the
iimru:e and support, and to
■y as flhould be colJectcd to
lilWntb overt act is, that he eitt-
the fiaid John Fair ley, to in&tignte and
ibo iiuhject; ofonr said lord the king, to
m afraa, and to arm themselves, to resist
kiig^aod U» aid and assist him m subver-
tbt fEi&vtnuneot.
futeeolh overt act b, that he em-
HlUiam Brown, to m»ke and procure
foe arming himself and other false
and pajd tliem munev for the same.
H^mteenth overt act is, that he em-
Onock to make arms for the
Ttw eic|i<«tnih overt act is, that he con-
il, aoid foi into his posses^t uu arms^ and
I IhcvD Goocaalcd in his dwelling house, in
\ fo be made use of, for the traitcrous
talbcesaid, agamst the duty of his al-
ft^&sl the form of llie statute in
aiU^ and provided, a^uinsi the
iatd lord the king, nis crown
indictment he hath been ar-
aod thereunto hatb pleaded Not
ad f«Drhiii trial hath pot himself upon
the eouotry, which country you are ;
etiafife i% to tnqitire whether he he
f '^ '.'"", ^- . ' . "' ■ : .'ids
. sy
lu riKinjier wiiai gfju.iija ami inaitcrls
laiicnientji, he had Dt tlie time of
iMqfi tretf'^'" '--^ '>>"«• «.*i ***■ jit any lirae
if j^i . you are to
■Murs if hi rind that he
iM lor I ot his coods and
diaaaK, i ium guilty; if you
MbiainAi ;! that he did not fly
ivittTQii ai' ^0| and no more; and
bnHuii to tbc tiviilaicc.
Mr. DiaaJatf.^-Oentlemen of the Jury, This
n an iwlieliDent of high treason, against
Dmd Dawnmv the ^iioner at the bar. Vou
lawi hcar^ the tndtdment read, and it is my
ter 10 iUK? the substance of it. DrieHy,
L as ilua^'Tbe prisoner is charged with
J to wittmVlit II convention, which
lisurp the iQDvemmtDt, and to new-
model, at their will, the constitution of the
conntrv- He is likewise charged with procur-
ing offensive weapons, to arm the subjects of 1
the cQuntr5% in order to alter the form of the
government, and to overawe, and restrain the
conduct of the king, and compel him to conn
ply with such measures as, to the prisoner
and his associates, might seem proper, and
expedient; and, finally^ he is charged witb
having conveyed treasonable papers, with a
view of influencing the army, corrupting the
soldiers, and hiiissing them from their duty,
and of exciting them to rebellion. The «uni
of all is, he has taken measures which, in the
language of the law, extend to compass and
imagine the death of the king, — to which, he
has pleaded Not Guilty.
The Lord AdrocoU.—^l^ Lords;— Gentle-
men of the Jury,'-'Thjs is an indictmejit
against the prisoner at the bar, for the crime
ot'hi;;h treason ; and it is my duty to stale to
yiiu, shortly, the low, as it appears to me to
stand, upon that subject, and the general
nature and import of those facts, which on the
part of lUe crown, and on that of the public.
It is my duty to lay before you, and to support
by evidence; of the truth or suAlciency of
>*hich evidence, you, as the representatives of
the country, judging impartially, between the
prosecutor on the one hand, and your fellow
subjects on the other, are alone cntitledf and
have the power to delermme.
Gentlemen, it must be perfectly well known
to you, that, upon the happy event of the
union of the two kingdoms, the sys^tcros of
law which bad prevailed in each country
from the earliest history of both of them,
wrre by that solemn trcaly, settled and se-
cured to each nation for ever. Soon afker^
however, and upon the best gmunds of public
expediencv, an aUer*ilioii took place, m re*
spect to tile crime of high treason, which,
smce that period, has, by the authority of
parliament, been made the same for both
kingdoms. It was just that it slioutd be so;
for, being united under the f^ame sovereign,
and under the same happy form of govern*
nnent, it was expedient ana necessary, that as
our allegiauLe was the same, the laws that
punished the breach of it should be equally 90«
ticntJemen, I shall not stop to inquire,
whether we, in Scotland, gained, or may be
supposed to have gained, or to have lost, by
the introduction of the English Jaw of treason;
it is not material to the question you are now
to try; but this I can state, without the
hazard of contradiction upon the part of the
prisoner, that ihe Scots laws of treason, previ-
ous to the union, were much more strict, and
much more severe, than those which were
established in England, under the protection
of which we now hvc ; and that some persons,
who are now suffering • under the common
• Muir, I'alfucr, SkirviD|:, Margarot, and
Gcrrald ; u -■ see m tbc preceding
Volume oi ^ iwu.
7]
34 GEORGE
law 0* Scotland, arbitrary punishmcnU, fix-
offences cummitted against it, would, if the
Scots Iaw8 of treason had existed at the present
moment, httve been tried for their lives, under
thftt liw\ mid would have suifered the capital
punishment which tliat hw iutiicted. I have
no doubt you must ubo know, for it is a cir-
cumstance that has always Lieen stated to the
lionour r»f the law of England, that from the
day* of king; Edwanl 3r«l to the present
time, the law of treason has been governed
by a statute, passed in the rei^n of timt excel-
lent prince; and that it remains the founda-
tion of all the trials which have proceeded
upon that subject.
It includes t hree distinct cases; and the
statute is conceived m that ^hort, simple, and
precise style^ fur which the parliaments of our
orefathera, at an early period, l>olh in Kng-
and and in Scotland, were so dis.tina:uished
ind remarkable. They left thai bneL s-hort, '
ud concise statute, to be applied by the
es of the land, in afler'timcs, to every
ase wbirh appeared to them to fall within it ;
hey bufije<l not tJiemselves with hunting out
every mmule case, which fancy might sug-
' but they laid down, in pbin and clear
inguage, that tonducl, and those leading
els, by which allegiance, in their apprehen-
on, was broken, and left to the juilicial au-
Ihority of the laud to apply to sobbequent
Leases, the distinct and plain rules by which
Iftlie Uw of treason was bettled and defined ;
iind that slatute, which has stood the test of
^centuries, and which has been discussed in
Every case that has s'mce occurred, has now,
I and for a long time past in England, been
•fixed, exphuucd, aiiil seltle^l, beyond the pos-
> fiibility of controversy, and beyond the rcuch
..<of dispute; it has justified the wisdom of
,.the parliament which enacted it, by the uni-
versal applause which this country has be-
. stowed on it; and has received troiu all who
.have conbidered or written upon the subject,
the slronge^^t, and moil jtust encomiums as
^}>rc3erving, on the one Imml, the con^litulioii
find K*^vernment, and the safely of every
[tmemoer of th*it government, by punishment
Lb€vcj:v, if those under its proleclion are iaUe
[ /enough to conspire for its downfall ; and se-
curing, at the same time, the liberty of tlic
subject, aud the safety of the highest as well
as the meanest indivukial that lives under its
protection, from the power of the crown, if
ever attempted lo be opprcsnively txertcd, or
Mretched beyond the due limits of tiiat au- have v
thority with which the law and cousin ution
Las vested it for the hucurity of the whole,
luid for ttic presscrvation of peace and of
order.
Gentlemen, I stated to you, there were three
^K>mtH whith formed the leading juid pronii-
ticnt lValure«i of lh*ir net of purhi^mt'iit.
1' ' le, and
jcoii imouft
in ;;'k"i, i^ — toajp.i".M;jjj nr niiUi^ining the
dcatii of the king ; the socock1| IcVyuig war
Tritd of David Downie
apinst the king : aiid the third, adhering to
the enemies of tne king.
In this case^ with the last we have nothin|
to do, The charge, which has been opened
in geneml to you, by my brother, falls, as
you must have observed, under the tirst and
most important of the whole, cnmpi -"'*'■' "^"<f
imagining the death of the sover.
in the course of the evidence 1 iL„.. „=.-.-
wards open, you will find, that, lo a certain
extent, the second branch of the statute
comes likewise under your consideration,
though it forms not the Aground work of the
charge against the prisoner at your bar ; for,
accord in j^ to the universal and concurrent atj*
thority of the greatest and ablest judges and
lawyers, which any country ever produccdj
men, friends to the liberties, the n 1 ' "d
the constitution of their couniry, a «
or coiihultalion to levy war, or in
agaiitst tlie government and the ,
even though that war should not 1 x!y
levied, but by vigilance checked \\i the bud,
has been, with the fullest consideration, held
to be an overt act of compassing and imagin-
ing the death of the sovereign, and to hlk
under thai leading and principle branch of the
statute.
Gentlemen, we have, since Ihat law has
been extended to us, had two rebeUious in
our country, but upon both those occasions,
the persons guilty were, from peculiar circumt^
slancen, and under the authority of a special
statute, tried in our sister kingdom. We
have the misfortune, at the period we now
Uve, to be almost the Brst, in the ditferent si-
tuations of judges, jurymen, or prosecutors,
called lo the meUurholy, hut necessary exer-
cise of the jurisdiction, accorthng to the laws
that prevail in our sister kingdom ; and
though the periods of rebellions, I trust, are
pa»t ; allluuigh we all, for this century pa^
nave had occasion to bless IIih couhtitutioa
which our parents have es^tablished for us^
which from ihem we have received, ana
which, 1 trust, we shall do our utmost to
scud down entire to our children, there exists^
at the present moment, to the astonishment
and gnef of every virtuous, loyal, and well-
disposed subject (from what source it origt-
natea I need not sitate), a conspiracy and cona-
binaliou, toundcd upon principles hu'-lile, not
only to our own, but to every utj
mciit,aud subvert vc of allordcr, :<
who, dr^ • - - - ^ I ut -
< nn lent,
lant, the
*«'" of
ity
lo^v
C<M
b' lli-
r.i! ■ uh
evi:i V ijfUuu t'AuUul, ^aidunduilic h|»octou3
bul li^ll^e pretext of reform, to ^itb*^tUutc in-
i^iead of what v^ > : which
the^e unhappy p« uol uu-
dtfjiirtHnd ; an 4^tU luj^i wtiun^n imy ttad Mic*
cecdcd, would have produced the aamc drenal*
JofT High Tretuon,
l<l tWim|lit Pti J which have taken place in a
neiiMiMrtD^ cotxniry : would have equally
iiifai»Cfi in it the life of our sovereign, and
tkf Qlblcoce of the legislature ; would have
nborttd mil laws, and annihilated all pro-
f|Btyy«>d,^cr destroving those persons em-
"■^ ' ' Ihc service of llic state^ or members
>Uituref would have almost in the
loiediate moment, des^cended on the
boidB^f those most active aud conspicuous in
m itondftti con^spiracy.
GeDllenten, the word.s of (he act of parlla-
1 >ti/ H'iili sufficient accuracy
Its meaning; and after
, vou will be able, without
- mmc, which as a Scots law-
} ' tlly pretend to give you, upon
Ai> i ^ .. i.ULute, to see what the law of
t» - 1- -, <jr by what circumstance's of con-
dun It lb violated. The law of England, indeed^
an ibe law of every free country ought to be on
tbm tuihjtr'. : ' tin that every man who
itaAk amy nd and know precisely
IIm* Ijirr - ' (J jics tu violate. — ^For your
^rtbtt jtj, however, I shall feel it
"^ n\vn words, but in those
lied lawyers of England,
-e observ'ations on the
d to them material, and
their apprehension, that
lifiikit iiie oue or the ottier of the two
Inadiei of the act of parliament. T shall
hf^ wtU) Mr. Justice Foster^ of who^e
>t>u have most of you no doubt heard,
him and Hawkins, and Mr.
' ue» (he most modern of them
tew I' igri upon the subject,
Uwldtscourie which Mr. Justice Foster
>fi.^f the rebellion 1746, upon
Ibtlsvrol on, which, as from the
diihieru'i^ -ii ^ j-stonal, as well as eene-
r, and the pHriiciilar circu matinees
I If! was called upon to consider
ninute allentioui so he pos-
iy of stating to his country,
lilt the law was on the sub-
ii iimeutary upon the first
rjti lie, compassing the king's
ts himself in the following
tliat, in the case of the king,
•-'f^H hath, with great pro-
rule, voiunlo* pro /actOf
■ \j. The principle upon
^ is loo obvious to need
ihc king is considered as
pohlic, and the mem-
re considered as united
I k«f I together, t)y a polilital union with
^ '~ 1 with iiiich other, — IJis life cannut,
A. D, 1791,
[10
ijtryti
i|i,
lit^c of ih
I practices, v
iken
ulV'
Ijilc-.
1 to slop
,...^...;v..vjr, I mean
'. wijo, m his** Prin*
liM uoiiuestionably
proved himself, by his writings, as great a
friend to the liberty of tlie subject, a& a de-
cided enemy to any severe system o( criminal
jurisprudence; and who observes, tliat the
circumstance of a sovereign being carncfl
from his throne, and under the appearance of |
a mock trial, led to execution by his subject*,
was (some few years a^o> without a narallcL
We live at an hour of this century, when his
lordship's remark is no longer accurate, and
when that circumstance is no longer pecuUar i
to the history of Rritam ; when drcadftd ex-
perience jusiifies the truth of Mr. Justice
Foster's observation, — " That his life cannot
be taken, in the ordinary course of things,
without involving a whole nation in blood
and confusion; consequentl^v, every stroke
levelled at his person, is, in tlic ordinary
course of things, levelled at the pubhc Irari-
quillity; the law therefore icndereth fihe
safety of the king, with an anxious, and, if I
may use the exprcsstoo, with a concern bor-
dering upon jealousy : it considereth the
wicked imaginations of the heart, in the same
decree of guilt as if carried into actual exc»
cutinn, from the moment measures appear to
have been taken to render them etVectual ;
and therefore, if conspirators meet, and con-
sult how to kill the king, though tliey du not
then fall upon any scheme for tint pt»rpose,
this is an overt act of compassing his deatli,
and so are all means made use of, be it advice,
persuasion, or command, to incite or en-
courage others to commit the fact, or to joia
in the attempts ; and every person who but
assenlelh to any overtures for tliut purpose^
wdl be involved in the same guilL'*
*• And if a person be once present at a con-
sultation for such purpose, and conceal it,
having had a previous notice of the design of i
the meeting, this is an evidence pnjpcr to be ,
let! to the jury, of such assent; though the i
party say, or do nothing, at such consuUit- {
tion. The law is the same, if he is present
at more tlian one such consultation, and dotb i
not dissent or make a discovery. But, in the
case of once falling into the company of con-
spirator-*, if the party met them accidenlallyy ]
or upon some inditferent occasion^ bare con-
ceahnent^ without express assent, will be but '
misprision uf treason. The law was formerly
more strict in this respect; 'si ad tempus j
• dissinmlaverit vel subticueril, quasi conscn- j
' tiens et asncnticns, crit seductor domniij
* regis manifestos/
He then goes on .— " The care the law batlil
taken for the personal safety of the kin^, isi
not con6ned to actions, or attempts oitliel
more flagitious kiad» to assassination* or poU j
son, or other attempts, directly and immcdi«
atcly aiming at his lite; it is c\" . ' ' fi>
every thing wilfully and deliberal' r
attempted, whereby his life may br riim
gcred ; and, thcretorc, the entering into me
siiTPs lor <i-iNi-irit'" or imprisoning hira, or
gel his [" liic power of the cons
tors,— tliL va arc overt acts of *
^-^
in
•H UEORCE III.
Trial of David Dotsnie
[13
wUliiii tlii«» branch of the $tat\jtc: for eKpe-
ntnce hath shown, thjit between the prisons
antl the graves of princes, the distance is very
It goes on :^^" Ofienccs which are not so
'personal as those aJrcad.v mentioned, have
I .beeni with g;Tcat propriety', brought within the
) same rule, hs having a lendenry, though not
^fto immediate, to the same fatal end: and,
" •refore» the entering into measures, in con-
''cett with foreigners and others, in order to an
invaskm of the kingdom, or going into a
foreign country, or even proposing to go
thither, to that end, and taking any steps m
order thereto^ — these offences are overt acts
of compassing the kind's death/'
Gentlemen^ from this you will observe^
that any thing which has a tendency to touch
the life or the safety of the sovereign, which
I In' the smallest degree may in its conse*
|4)uences bring it into hazard, is, upon Ibe
principle of the quotation I first set out with,
most justly held, and always has been, by
every court of law, and every jury that tried
the question, as the ofience of compassing and
\ imagming the deatti of the king, provid^ an
I overt act, or facts and circumstances, suf-
ficient to satisfy your own consciences, that
atich was the parlies intention, are proved,
and which oblige you, by the oath you have
taken, to return that verdict you think the
evidence compels you to do.
Gentlemen, having stated this, I shali beg
'leave to trouble you with only anotlier
<|tiolation from the same author, which is pro-
I ,prr to be attended to, as peculiarly applicable
in the facts I have afterwards to state, and
l-^hich, I believe, will be made out to you by
ncc. Relative to the second bramch of
fttute^ and the manner in which that is
d to, as evidence of the prisoner being
jtiilty, under the first branch of the act of
:-fi»rhament, the actual levying of war against
"Jie king, no body can question, is hi eh irea-
imfn%. A consultation to levy war> if directly
■ •against the person of the kin^, i^ evidence of
|-corn passing or imagining bts death, even
l^lhough no war actually follows; and Mr.
I jMstice Foster says, — ** Every insurrection
Which, in the judgment of law, is intended
[ Against the person of the king, be it to de-
ifllirorM or imprbon him, or to oblige him to
iter Lis m€a«ures of government, or to re-
nov« evil oounicllors from about him, these
sings all tjtjount to levymg war, within the
atute, whetbrr attendtd with the pomp and
iimstances of open war, or not ; and every
enspiracy to levy war for these purposes,
bough not treason within
Qg war, is an overt net
^ compa*^ng the aiu.
purposes cannot be eff*
. lad open force, without m
•» i«te to other
having Ihua la^
Qlft to IDJ mind aa itatum the law
authorities,'*! du not, upon r etui lot tiuo, think
it necessary; and therefore thall proceed to
stale those Cacts under which, if in the sequel
thty shall be satiafactorilv proved, it will be
my duty to claim your Judgraeot aguost that
man*
Vou are all, I make no doubt, acquainted,
that about two years ago, & number of per-
sons in this country* formed themselves into
associations, or clubs, for the purpose, as it
was said, of obtaining what they called a p*r-
Hamentary reform, a reform of which you will
hear more in the sequel, and which yuit will
see proved by authentic dcicuments and
papers before you, whatever the original
movers of tl)e plan intended, or whatever
they professed to intend, to have been no-
thing else but a scheme to subvert the pie-
scnt system of go\'ernment in this oottEVtr^f*
and to obtain what they call universal uiU
frage, and annual parliaments, without which
some of those poor deluded people have been
taught to think, thev have not been free.
They applied, as they had a right to apply, by
petition to parliament, and the House of Com-
mons, in Its wisdom, and to its etcmaJ
honour, acting as it thought best for the
safety of the country, and foreseeing what
was couched under the application, rented
tliese petitions, and refiised to listen to them.
Being disappointed in this measure, it ap-
pears that some of those clubs and associai-
tioDS instantly set about looking out for other
moana, and you will have, as early as the
month of May 1T9J, a letter from a club in
London, called the London Corre^^ponding
Socr-^^- - rrerson of the name of Skirving
in I ■■■■, who was secretary 1o another
chiti ... , ..«iui, or rather, as he has styleil
himself, secretary to a convention of all Ihm
clubs which had met upon that subject, ami^
which bad been mdustriously created in '
country, in every comer of it. In that leite ^
which will be proved to you, Mr* Hardy,* the
secretary, states to Mr. Skirting, as the
Uqpse of Commons have rejected their nets-
tion, it is now lime, or proper to thijak of
more effectual measures; and he desires
know from Mr. Skirvmg, and hw friends
this country, what these more effectual i
sures arc.
Mr, Skirving in another letter which will 1
proved to you, soon after answers Mr, 1 lardy f
letter? I shalJ not at present read that letter; i
wtll bf sv id TO yon; but, lam col
V i need , y . k w h'-n that*|iaperts laid I
toreyoti, ih^t j^i though the wmer of It did t
at that time ima^oe it rver was to befVodlK
: to th« ei»), r*«ii
itaout aschaonet <
had 001 oteioed hy avplicatkso, wad i
'^^n^itioa aa esaablkb » luiid of j
iitir««ii, ttt tfai>oowitty^i
mkht have the «fim of
Ibe^
■f f*»
m
Jar High Trtatov,
A. D. 179*.
ill
fatvt ifid vtokufTc, wliat liiev had been re*
iobieA m a leg»l conslitutioDaf way by (lurlia'
jG<atIemgn. wc will also Uy before you in
tfiiwKt^ ^ ' ' 'in Mr. Hardy to Mr.
JikirriB^ c* Ler 1703* a few weeks
|it<idifigt: "^ ' ^ V t which took
rill our rmblage o^a
tC4Qv^ . - I '"> as the
DlAtime budj, not on I iud^ but
r tlicitJsaiids io Engln , : : u^iuming
■ the power^ and statmg that it would
_|lbe jiwreeding* of that legislature,
I it mwb its object ijid purpose to dci»lroy ;
ind which went the len^h^ at last, of voting,
at Dooii-dMy, s detenu mat ion not only to
wittll the cnjcaedings of the puriiameut, but
if Ul* fMtiii ' ' do any one of a
«Vie|jr of »' had the audartty
l#MrlkttULr * biy resist its
mmim^y^ t; t by superior
I tb*^' j.^.iL , '^*"^T1 to
the London ^ v,
totber stjniiar !i5soli_. ..„, ,.:.: ...... ^,..w^,
mm^M te «4 ta appoint a secret cuuitnittce,
Sm tlie pttffoei^, in any of the specified ra5es,
•fcri]fal§ iof^ether a convention of emergency
ataflboc tliay kejil j^rret, where the ring-
littlin of Ibat cont^piracy evidently, at that
DHBBiit. Ihou^ht lliey nhould be able to a^-
m a rallying (Hiint, in some corner of
iliy, Mch a force as woidd enable them
\ tut ataodard of reheUiun against the
and legal authorities of the
you know, and we all of ua
, -_ J Uit ubhged by our duty to attend
t |ir»c>ed4ii§a ol these men, and who will
by every meana in our power, to
Ufefin tola Utetr most secret recesses^
► the- ffejnotir of him who is %our chief
ma^tita' tint into the miast of that
MMlIb ilutnniaied a^ he may have
ha li.v <jf [nagiitenal authoi'ily, by
litt fifi: tttaofi and its adherents,-!.
lui^ aiijgil II one end to the
r* firrfl lawaii : gratitude, which
^for«etiitK. a ^ in dispersing
i><«iiriiilioii» ui^ p: It again pre-
iSMfmijJe wilL.. -, .iiy.
I you ail reeoileetp prosecutions
III ag&ioat tlioee persons. li^f^re the
_<if 8c»lJa.nd» lor thi cy had
^ it the law * id, and
i ^ lum, t^ie nngieadi f s vt that con-
Ihut ptfni?hrnrrit which the
^ Sotill- t persons so
ifcwliaj^ / r ima^rjned,
• IImi ' foun^^ and '
jUifgWi HywmcliflMcd ai uk^^., w^...i. ^ ^...^
■M« btn iMMii sftta tttlcfliftiog to have
iwiiltiid ma dtmm^ for which lonie of th^^ir
OauyOKB hfid ao receutlv ^tiikirJ; but f
Ml fwrt* t£9 you, gciiiituicu, tiiai tin^
prisoner at your bar waa m member of that
ronvciition.
i*risimer, — I was called as a witness upon
Skirving's trial/ to give tcsliinony lo the
crown.
Lord Advocate*^My Lord, I must prove
liic existence of a conspiracy. I am entJtled
to prove Uial this man, after the trial (I am
not trymg him for any thing committed be-
fore), that ht% being a member of the British
Conventiiin, did persevere in that course, and
continued to act precisely as he had done
before.
Prisoner.— -My lord justice Cicrk, is not
this pr^udicing the jury against nie ? Having
given evidence" upon Skirvmg^s trial, nothing
of that convention can aftect me.
L^rd Fretidcnt. — ^The lord advocate says,
he does not mean to charge you with any
thing prior to that trial, but to charge you
^'ith duing things after that lime; and he is
enlitled to open bischarge ; that will not, and
ought not to prejudice the minds of the jury.
The jury know, though they must have a
charge opened, they are not to proceed upon
any charge or alh-gation whatever, on either
side, till proof ii» brought forward ; and they
cannot believe any thing heard, without or
withindoors, except what is established l>y
l*roof ; that every gentleman there knows.
Lord Advocate, — I cannot, as I am entitled
to do, accuse tliisman of continuing, and pur-
suing criminal measures, unless f state the
measure in which he has continued. It is
impossible I can prove to the jury, or accuse
him of continuing in a course of illegal I mea-
sures, unless I Slate also what the criminal
measure is that he bus persevered in ; at the
same tmie, if your lordships be of opmion I
am stilting what I have no right, or am not
bound m duty to state against the prisoner.
I am far from wishing to stale what can cri-
minate him, beyond what X feel my duty
to do.
Lord Pretideni, — The counsel for the pri-
soner must he clear the lord advocate is gomg
on only with what is proper.
Mr, Culkn. — I'he lord advocate is only
stating what happened afterwards.
Lord JdtHKsie, — I am only stating what
happened iilWwards.
Air. AnUruther.^^lfihe lorcj advocate states
wliat is not evidence, the counsel w^ill object
to the admissibility of it ; then will be the
lime for the objection.
Lord Advocate. — AAerthe dispersion of the
British convention, a number of persons, who
were delegates to that convention, formed a
new society in this city, of which society this
person was one, did continue to assemble in
♦*-- societies, and persevered m the same '
res whicl» was the object of the British
... iiuon to obtain, and the nature of which
i menlioiKd. ikuig pruhibitcd and prevented
from asscmbinig In the same mode which
l:.l
MKSKOlUSi: 111.
Trial of David Dovonie
[16
lliiiV Imd Ibrnirrly mlnplril, tlu\v PMlablishctl,
111 llir iiioiitli ot'Jaiiiiury IunI, what thev ral-
Ictlu KriiiTuI roiiiinittrr, and which at\er-
waitKuhlaiiUHl ainoiii* ihriiisrlvc!! the appcUa-
liiiii ut a roiiiiiiiltfi' oM-iiiuii, cuiiMstiu^ of a
imiiihrr ol' tlt'lrgatCH chosen hy rarh chib,
inlu whuh tht'V hati pIcaMMl to divide and
hulKlividr thiMU»c*lv«^!i, in Ihist city and the
lu-iKhlHiurhtKHl. L will prow they wf re the
Mine |H*iaon^ and tlie most active among the
nicinliers ol tlie Uriti^h convention, w)H>m
the juMice of' the country iHTinilted to re-
inuui in it at\cr the tii^d and mnitshment of
the piinci|mt actors. L >hall snow the mea-
^urv^ they inirsiied in that lonuniUec were
|vitx'ively* tiie same, with this ai:i^ravation.
that \ou find them gradually p^Ket^lin^ fr\>m
U'Mk to more, until they altaimM that decree ;
of criminahtv which U\l to a disciwery of !
ilHTir proceedings, andchivkcd them in their \
pio^ivss. \ou>i^iU find It proxei), that, after >
Mtint;( a ivrtaui (ktuvI, and meetiu:: reiiuUrU- ,
and prvn:ivssi\elvt fr\nutinie to tunc, they at ,
l^t Mil'divuKxl tlieniselvesiiito an inferior and
Niib%»rdiiu(e ivmmittct'. to ^hich they pive
the apivlUtKHi of a Sib^ wmnr.tiee. or a vVin- .
luitliv of \\;i^s aihI Means that this i oni-
on (Uv. Ill it> Kviivatxui, aiui ::i Us striK-ronr.
ik-atlx vkiii deiX'te tw>>v*;i, irat tlnry were ex>-
i;a^v\l III a iWhlvrate, ir^itUr. and >\su'u:auc
Vlan, to subject ihe c^'\iTwmer.t of tJL^e cx'civ
li\ ihai thu» cviiuur.tee tuul ab^»lutc. ui>-
«\'A\V.vIuiVIe aucl KCii'V»^te ^x-'wtr* to c.*L:e\'t
^vlS\•^» aud :o iii'«'f^»*e or •.^-l; r.xvv> »:i wuicci
W4\ •.*>:> v^^AxxT, jkitec Ntilij: j-.'^ecied. iv:
•tv*,*t lix:> s.*nj» a'vtv, I'u: fr^'in e\^ry vjlt: of
S.V! .;i'A.^ w Sr :v t.vx wvclvi e 6x V-a* > h.^ av :
i>.v A-0. ci vivtf :r.«cc> :juh i.:Je ^\vj:u::t^w
w*> Sv- Jis.jcxr c« '.-"^f uicix-x : J Lie ^a^ 3^.>l
U-:>.-C '. MS •jt;».i!«:y rr\ :•:! t-V*>e ■-■erv.-i;'* -.>:;.
.: ^A'^ ,*..>«.■.• .iviHix'i.x: :•.' -c y, - •.'»_• :,* : ".e
r\':ci »•• iJc '^ .V o. >A..^ ..i. ^.x" *jc :tf»:i:
i j^.>»vi a v.", xx Jw:>e : V • -j-f^i L-ci >:;a:c ^ 2.1".
1,'v V.C .•j.>4.* * Ls^ xr ».:.».* '..v \ix;x* >»a>
; ::..>i ..*-,^» >«: *ti.v .■.• \'.x. :.m: : r:> "rra::
^jjk a -lit : -x- ,'.' :..'.i'- -s-A .■j:— .iiv I'-'-'-v ,>-•-'-
•ri :'.*x-» . •. «.•- ^ V. ..•.!.•:. ."•.v :i *»^ *. > **:'!
.'V .Mi: ■■».■..•.. I :i x-ii.'. .■ *v ■?»i.%Jii.«."^ ^1 :•.
*>{■.:■%.• .'. »: -.■. «. .:. *. -t*-* ■»!:■■;• ...*. u *«.•
avi«.v-* '-> • ■•- •'*•* ^*''^ : fi .' -ic -.in.«. I.
JlVUC) .1 a4.iJ.^'- -.<. i^^t'l. "i".'^ »^ ■-'».
^■jiiOv-Ui":' J, " (••.■-OS.;* -.1. • ■.\\ •.\,Ax<.K' .•
).A%/ .•V'"H.U> .1.1. -tl; -^ > .»» .:«. .'LJ^C
M>;\%.X>«lli;^-^ St U^ •^.•Il.-i.i.'* "iiu: i't -
Miuu auu jU|iMii4i«:<t<u u 'aua» .^juui;^. sic
conduct of the supreme criminal court, in
having presiimc<l but to do its duty, by apply-
ing tlic established law of Scotland to those
persons convicted before it, by an impartial
and intclli^nt jury. They ordered 100,000 co-
pies of an inflammatory address to be dispers-
eil all over, and in every comer of this island,
for what purpose it is ror you to determine ;
Willi what attention it is your province to
consider : thev even, with a trivial excep-
tion, went the length of voting, in that society
the very resolution for which the British con-
vention had been stopt in Edinburgh : for
which Margarot was then hing convicted in
gaol : for which the jury of Scotland had
lound it their duty to convict and punish him.
lientlemen, they also went the length of
slating, by a paper which will also l>e laid
befoir you, that now they were to expect no
redrcs/, unless from laws of their own making,
not from the laws oftheir oppressors and plui'i-
derer* : an expression which I defy the most
lenient interpretation to construe in any other
9eus«\ when connectetl with tho«e circum-
sroiH-es I have already stated, than a deep
and d\ed decenni nation in their nuad«, t<^
re* St the laws aiid the le«isiaiare cf their
iMintry. and to e*tabli*h by rorce a sovem-
nier.t l\\ themselves. If I went no fanner
:.va:i th:«« I sr-cuio be entitleti to say. thai I
.•-aJ preyed tiie nidu'tment ocoin^t th..« ccn-
vc::*e>: :u :: ; f^ r •.: they <u«.-v*e«cei: m estab-
lis. ::u ar-.y cccstitut-oi: one auii:cr.:y. wai^h
tiu-lJv ir.vT^ t>> e::.u: an.: rr.pc-w L3*irc-wTi
Li->< t.-c ":-f.i.<.:e vV^li i:-C cM*u ^iL^-rut
ro.-.. ir.: a* re > ii: i^-i^c^jal ror^ ^-:.t. :k
:V ..'.•* s ^- :' .vcrssT. '.ZJi'^ :" •:■-' c^ ..-.■::; izc .-: c-
•- U' wvrj* . : :::.? oer
^'
J^"C Mil ^L'i-UC.> •*
^; .M.-jj ••01:
Ci:;. i.'-"u i7-.- • ■•» .^i^toU.?««<^:; i."'"
Lvxrs»i :■,* c< 'JUiie. ; -«•::-•' iJ»ivi.:^ -> ztir-
54..-.- -'r*.»ijv.?*.-; :• •-":«: ':^« tz'twi*:*! is .«> ^-;l- -
-•..r. -..x* ji;>«'i;u.: -• *-.>; c;rc iiju '::i: itf-
:r»-»L:: cr "-.it.- -^a'ui^ 1 "aje '!«4;e»i. "^ ,ij w.
:»:'■: c .»r.' •',-:. -ra". i> -nr -iim* lu^ iiScwi,
»:«. i'^rw HvP" tuCaa.-.i;u> UM ^tii. Oil *r:r*
aB«inOiC'« ih ^'iroiK r i*-it, .1 "iiK jxiictcvur-
^\.\.'\l Jk .wtMOlt* un: •-.itiM "VSJiLCOUss. TMT^f
?j^'i;iAi> -da*i •as' v-fm.'*^** ioiitr u :s%: ..'.iroe
a \^*i. iau, i*«t- ua^.^.-iti; av .vuuiivT j,
.•.-^MtM '%f aiAv Mfetf> M- .^tiu^ ufuoirr "5lri:>4j
.*JU«*«:tic*uii. «iXit.j.^H.^*^ j«.«iniiisanik^ i -*:«>
use ^k: «««t attOK- <.*iiu ^ osQctROa^. uiti :i)e
If]
J&r High Treason*
A,D. 1794.
[18
brcMi
I «f It
■\ic document5|
idence of wit-
Luridun, that 200*000
mutory r^'Si)lullon& were
by tiii> nujfiniju^ i*nii UaHijeroti^ iiH'ct-
ta^ aioid ctrciiJar letters, U will be proved,
ii|ped by H -^ '- '*if? atcrclary of that so
defy, urcrt !> be sent V> :il) i^iurls of
GreftI Br I pjiqtnsr t)i ij^^cmbUng,
tkitl ci' ^ '.■.■. II ]M.p.r.., !•'■. ii several
s'riiL lu i.iiiirrijnt places
ti^ ami I hat answers^ were sen I io-
) iftceedin^ to ihe proposal of choosing
^■te for tht^ convention « who was to be
pndy t*? *^t out, 51 •* soon Jts notice W4s given
t ' ' , of the lime and place of
r Leh were kept secret with
itur nn^ic^'iers, im liie moment drrivcd when
itiboukl b< Juii*;ed proper to commuiticate it.
Gctttienien, I shall prove to yuu^ llmt the
^ the bar W4S a member oi the
midier
r,.i
tift>e
t
and of Ways and
u this city at that
, Hi at a meeting of
vviitTc one uf tliobe letters
liiid before them. I shall
pfv»ii lii > wu wiuu p4ssed at that meetmg ; I
diail prove to you, tkiut ;iii answer w^is agreed
li»beg^vco. 1 &tmll prove to yon that that
WAft *eut by a person oi the name of
wbo ' iKi be found, but who is a
t>i' I iitttee; ami that a cor-
Icoct x^A> ij uke place, and continne
Mr. llinly and the person that was
«clU*« in lht*» committee, of which the
HM one cf the members ; tikewise,
lhi> tnt)e. in the month of Aprils
lii iysi and Means began to
_ measures, in proseciiiioo
^ihat traiiorouis nitempt, which had all along
dcsjjy been liair object; for^ having eiita-
' Uicoi«clvc*i in the manner I have jysl
Mv i4Jiied« about this period, Ihey went ihe
11^, in the hrst place, to
in this country, to
'obedience, and re-
i^ It was accessary
^.,LJo over to their side,
cm to sedition, which
.i would tend to that end;
while a reiiimenl of f-euci-
r il iit Dalkeith, and were
\ whither Ihey had vo-
.1, they were attempted
\ mAoctd iv rcm^ to go, and rebel against
ol6eiers hv » pii}»<T addreiised to the i
Mjsed in that Com- \
% and which was i
ler in that com '
lis prisoner at the
.. ,i person wiio in-
con veyrd it to certain
• cut, ukiiuii 'h, to the
I faded
lid it is
las mun
, d^ trea-
surer of that Committee of Wavs and Means, ^
and for the purpose which I tornierly staled J
to you, and as he had received that moneys j
he actually applied it lo the real and true|1
not to the pretended purposes for which it 1
was collected ; and I will prove to yon, whati
must have been the great cause for which {
this money was so soliciled, paid, and so re^ j
I ceived by Mr. Downic, and thut applied to i
!no other purpose, can leave no man's mind ^
to doubt it was as direct a conspiracy and re*
bellion again?*! the king and tiie governmenfc ]
of this country, as any whirh occurred in I
I 1715 or 1745 : tor I will prove at one of thesaui
meetings of the Committee of Ways ancij
Means, a person, bein^ one of the five who f
composed it, Mr. Downie being one of tliem,
did propose and read from a paper, a scheme,' \
which was actually a plan to raise an insur-
rection, in llie dcHiJ td the night, in the mid-
dle of this city, which bad for its object the
arresting the persons of your first magistrate^ i
the judges of the high court of justiciary, and
the principal oHicers of justice ; the seizure
of the Castle of Edinburgh, the banks, and;^
public ofBces ; a scheme, in short, of a regnlar J
conspiracy against the government of the r
country. Five were present ;—tlie proposer-
of the plan was one ; — of the other four, two,
struck with horror at the proposition, signified
their disapprobation; tlie remaining two,,
being the prisoner at the bar, and Mr. Stocky
who were present in that meeting, not acci-
dentally, or upon an indificrent occasion, but
clearly, with a deliberate and treasonable
purpose, not only did not dissent, as the other
two had done, but proved, by their conduct^
their couiplele approbation of it. .
I shall prove to you, that the prisoner af-^
terwards met, in that same committee, with
those same pcrsuns ii'i*J alter the breaking
up of the committee, at one ol" these meetings,
concurred in sending a person to the west of
Scotland, to sound the dispositions of the dit*
lerenl towns, to which he was sent, as an
ambassador, and to cqiimiuntcate to them the
plans and schenif , formed by this Committee
of Ways and Mean^; and tiiai man was fur-
nished with money for that purpose, by Mr.
Downie, the pri^oner t tliat ive returned a
faithful account of his misNion : and that,
when he reported to the committee the result
of his inr^uiriei>, the prison^^r Downie was pre-
sent. I shall prove that rejiort to be the
hand-writing of that per>^on, upon reading
which, you can form but one opinion, that
no person who, acting in tliat tominitlce,
heard that paper lead, can be doubted, the
moujent he heard it read, as agreeing to the
scheme which had formerly been p^i^|^o<ied,
as much as if he had proposed it. I shall
prove to you, that arms, of a very dangerous
and particular structure, were ordered by the
person wim madti tlie proposition which I
have just now stated: that he, and the pri-
soner at the bar, employed two smiths, whom
thvY iubtiucted to make the mi in a private
C
10] 34 GEORGE Ifl.
^anil concejiled way : that on© of ihem^ bring*
'ag lo Ihc other person some of the pikebi |
[fpears^ ant) battle •axes he hud made, waj»
on applying fur puyniciit, seut to Mr,
5ownie, and received the payment accord*
nsly. I shall prove thut this city, divided
IWforo into c)uh^ ami &QiimUt% w&s again »ub-
Idivided by this rommitlee, into smaller di-
IvisiDns, of 10^ 15|Or 90 pt^r^ons each, under j
[the command of the collectors, ^^'hom the '
leommittcc named, by wliose orders they ]
ctad, and who were in this way to draw out |
|tbc people, after they bad l>een properly 1
rmed, in a moment^ so as to act with unaiii- {
ai^, force, and vigour, in pursuance of the
as soon as it was ripe tu be carried
rtflcecution. If I succeed in proving all
bisy yoti mayjnd^e otherwise ; but itappe^irs
[to me, even if yon m ore lo diHer from me
rith respect to the first part ot the case sub-
Lsiitted to your tonsidumtion, regarding his
cc«<;8ion to the plan of caUm'; - *' -- coji-
f'veniion, thai was lo subvert lli cnt,
And endanger the person of mu „ v. . ._,ii ; —
yet, if I firove ihfl pre|>anntr the arms, and aH
tlic cLrci*m«itancc'» f have jii,^t now dHailed,
you cannot have a doubt, uyon the authorily
of Mr. Justice Foster, in neing of opinion,
fthat this [nan has consulted to levy war
l«nd rebellion againi^t the kingand govemnrient
Hf the country, lor the pf»rp<iWof malting his
najc«ly alter hiA measures^ oJ goveraoietit,
find the conistitution of the km^om.
I forgot to state one matcrMlctrcuniistance,
Fwhich J shiill albo hrinsj tjome to Mr. tkiw-
(uie, beyond the pos^iibility of dispyte, that
" the above-mentioned plan wa** carried
I excculion, Ih*^ committee were to i^sue
elaniation, orderini; all farmers, and the
pople pQ5«iC5sed of victuals, hav, corn, and
^HiPtil, to brine them in, for the purpci^eof
being disposed of to the public advantage.
Tltiit the country gentlemen were not to
leave their habitations under pain of death, or
go more than three miles diRtanl from home ;
and ibey were to send a proclamation to the
Iking, slating, that if he did not ^ive up the
I war we are now engaged in with France, and
l^ibmi^s his present ministers, he must cither
\xd by the consequences, or the peril of his
al would lie with himself. If 1 prove
case, I leave ii lo your cansidfration
rhat the result ol your opinions must be, and
Iwhal the verdict, which, under your oalha
lyo^t must gi. 1', lookin* to the saiety of your
[country on the one Imna, to llie just security
(of your fellow*5ul>jt!ctft on the other, ami
kecpinf* in view, as I know you will do, the
'p' ' * ' ' tlrs csscitliiil to Ihc equal
.i,.- — Uc pr* '. ' '- T^foducc all
ho papers at once, to ' i u<t»ise3 to
ve them, and ihco rcail ^t4hcr.
£viD£»Cli rOR TifJi CftOWf^,
If. WUHmrn Sci^t (ppicumior im*jd) aworn.
Mr* Amtfwiker, — What Are those paper.*,
^l*-*TUey an; part oJ the papers itiut
Trial of David Dtmnic
[SO
^OUflH
ihini""
were foimd in the possissbton uf Mr. Skirving.
Look at them, ami tell me whether any of
them arc Skirving'* hand^writing [Showing
him one.] Is that Mr. Skirving's hand-writr -
in^f— This letter has the subscription of Ma^H
Skirvinct. ^^^H
It is bis hand-writing? — ^Th- ' ption tf^^
his hand-writing ; I have sei i ik\
What arc lirese other p^fit* - . ia^ is a
scroll copy of the minutes of the British Con*
venlion,* found on the 5th of December, in
consequence of a search, by virtue of a war*
rant from the Sheriff. This was also found at
tile same time. They were all found In bkir-
ving's pos-iessioii.
All those papers?— AH tbo.*c papers.
The Priaontr said, he hoptxl the C
woiikl consider he hid been promised, noth
that passed upon examination us a witnei>S:
should be pivLH in < ' L^arnsl him.
Mr. C«//«n — In e of what you
b*ve jufel now heuivi nun. t.ic prisoner al Ihc
bar, I conceive it to be»roy duty lo call the at*
lenti^t of the (rourt to the circumstances h€
has suggested. I am nut perfectly sure if I
fully uliiit^rstand the indictment, fuV i I is in a
form I am little acquamlcd with. In so far
as I am able to come at its nuanin!|, « midst
th^ multiplicity of word** in which it is in-
volved, it seems to me lo criminate the priso-
ner for hjving been a member of th© li-itish
Conventwn which met at Kdinburgh, in De-
cember last ; and in being; busy to procure an-
other Convention which never did meet, but
which, it is said, would h»ve been actuated by
principles of a similar kind.
If, however, there be any crimi"^*lt^v' in-
tended to be fi^ed on Mr, Downir,
been a member, or concerned in
Convention, I submit lo your lord^hi|>9, th
it is not eompclcnt for the prosecutor lo bri
in evidence any facts in onler to attach gurf
to tlie prisoner on that account. In the pro*
secution last winlcf ngaiiiist Margarut, Oerrald,
ami others, for >>eiug concerned in that Con-
vention, the 1 ' ' ' ^ 1 1 IVIr.
Uownicasa^' - s^ivt'
a fair and tiill i^, i rri.t ,,.v, i . ^iiceive,
that by Ibc law r>f ihi» cotintry, no person,
adduced in Sll'^b ( Jrrtmt^liiH r s A*s A vvitni-ss,
can, after hav r v
heldliabfetol- , i ;
been concerned m that alleged cruiHmil »»rt\
The very brinj^in:^ him us a witnc^*;^ entitles
him to 1 d against any ; i^
on that . i^or vim any m -,
tending to 5hu\v i\\< r lUai yon*
vention, or of hish < mcd in it,
be ...\. - ' - -.^ ' : [
broi 1 1
for ' -^ i'iy
so *<i 1 to be
90clcj.ii, ....,..., - --,-,:..,., 1 hiiiiH
• See the :
tioti i^refiwzd l-
M
.H?^
fit High Treason,
that the eviUcDoc now ofitred can*
k, — When Dowiiie \vas ciamiii«d
tsvi thut ocrasion, he receive<J ihc
(he Cotirt, that
liung li c should mill-
\^i inn uik any niLurtr OCCastODp OO
ice whaUvcr.
JMru/Acr.— It the counsel for Downie
•id Uie MMjiclmenl with can?, Ihry
bftf€ seen, that he is nut iti liiat mdicl^
cbftfged with b^ing a cnerubcr of that
C«orimtk>ii, or any convention; I am nciU^tr
acctiiiog him of th«t, nor tr) uij^ liirn for it. J
jBifltf3aa$iog him of {.ndeavouring to procurCj
ealcmg into measures to procure ft conven-
jM^ W meet at a fuiure period^ and of excit-
iof tlie whjects of his majesty to &end dele-
gitaa to laacli conrexvlion, not a past convcn-
tlOBf bm m fiilure convenlion ; therefore there
ii ftoiiitilg in this indictment n-hich affert^i
Do^nte •! all, or attenijits to affccl him, on the
MQiv of the old conveiitron— I meati that
«&tcli met in December ; but I will be candid
to SAV, that I dg mean to give in
ic€ t!i^ iitlHof the British Convention;
tfj e for any thing he did in
h^ lion; the clmfge against
EAeeUiig in m Committee of Union, to
emy mi pUaa and projects for assembling an-
A. D- 1794.
[S
r Bfilich Convention, at a time posterior to
llie fibfcrsion of the Britinh Convention, and
Hking gw»ntff8 with others, with a view to
oil aotlJMr and ^^imilar convcntian, at a
fomA ibao t# come; but for that purpose,
viiea I chamt htm with having endeavoured
to cill ftoolaer briti&h Convention, and en-
J to further the views of the laU, I
tihow whni tlif Briliih Convention wa%
iill what t t that convention were,
■Miiacrii ^ I r Do wnie, but to explain
Ibi acta be ftybi^etfuejjtly did.
Mf. AitJtruther, — Thuse arc the mtmites
cf Ski? [I in tiic Convention ?— Yes.
MTli- — Ihal is a (ia(>er found upoii
lit, fiuxi^iT. 1 ht» paper was along with it
Mr. Taylor sworn,
¥<Mi Ihfe m London i — I do.
?n FIcct-blreet
lUrdy ? — I do.
I dry to the London Cor-
, r of it?— I was,
what It was } — It h an a^grt^gate
f, of 5 (»r (»,000 persons divided mto
30 in number; each divii^ion had
a 4db3e«tp; Ui<f*r^ w»ii a ]>ermane4it com-
ics; they
fu oin the
qucu' ': liivi-
^1^, .....
aflba-
aCCw
re-
porl of the first comraittee, did not sit any
longer ; llicrc wns lately a Committee of
Emergency. The Committee of Hevision of
the C<»nstitutiou brought forward a report of
the Constit\itJun, founded on two heads,—
Firiit, a declaration of rights, and secondly,
an organitatioQ of that SQciet>\ In the de-
claration of ri^litj, in one article or section —
I do not want to prove that, but only they
met for that purpose Were you ever present
Ht a mcvbOf; at the Globe tavern? — I was.
When waf it ?— The 20th January 1794,
Who was pre&cnt? — Martin*
Did they come to any resolutions ?— They
did to several,
Mr. Baroft, Norton, ^-^hstH was a gene$al
meeting?— Yes.
How many people might there bcf — It was
said about 1|0C)0.
Look at that paper ? — That is a copy of the
resolutions that were then p;i.ssed.
From whom did you receive that? — From a
person of the name of Moore.
Was Mr. Hardy present ?— He wa«.
State what he said. — I called on Mr. Hardy
by the direction of Mr. Thelwall, who
commented upon that general meeting; I
asked him for one of these papers called ad-
dresses; he said he had none him^telf, but if I
would apply to the secretary of the London
Corresponding Society, he would give me on».
1 wailed upon Mr. Hardy, and he was con-
versing with two persons, one I understood to
lie Moore» He said to Moore ** Have you any
of those papers in your pocket of the general
raeetinjg?" Moore answered, " I have not one
now, if he will go with roe to Princes-strcct,
I will give him one there." ^^^^y desired
him to look iinto his pockety which be did,
aud gave it roe.
Vou received it from Moore, in the pre-
sence of Hardy, as resolutions come to Ihat
night ? — Exactly so.
Look at that.^Thcse ara the resolutions of
a general meeting of the London Correspond-
ing Society^ of the 1 4th April^ at Chalk farm.
Arc they the same? — To the best of my
recollection they are the same ; there is a
little variation in the wording of a resolution.
Have you stated where you received that
p«per?— No, ijir, I have not. 1- received this
f taper in the id division, on the Monday fol-
owing, that is, on the 2 ad April,
Were you present at any meeting at Chalk
farm ? — I was.
Gn what day ?— Tlie Uth April.
What was the meotiDE Utr? — It was a
general meeting of the London Corresponding
SocuMy.
By what sort of summons were you called ?
— There was information prior to that, giveii
tit the several divisions, that a racetirig of
that kind would talvu place that day.
Were there any tickets delivered for the
meeting ? — There waa.
How matiy people might be thert?'-U wi
supposed between 2 and 3,000.
n
U GEORGE IlL
It
23]
Where is ChaJk farm ?— In the road from I
Lotidun to Hampslead.
Did ihey ever meet in Store street ?— It was
proposed to meet i» a private room in Store
street.
Why did they not? — It was said they re-
ceived ootitf froni a magistrate to the man of
the house, not tu permit the meeting; two
persons were fixed at the door of the house in
Store street, No. 8, witli small slips of paper,
with words printed upon it, " Chalk farm,
Hampstead road."
Did that paper come to the committee ? —
Several.
Where did you receive that paper? — In the
2d division, on Monday the 21st April,
from whom? — From Hardy; he brought
them into the division ; I i^onccived him to
hring them in his ofiicial capacity, as secre-
tary of the society ; he laid them upon the
table for the several members* use.
Was Hardy present at Chalk farm? — He
was present; I did not see him take any
active part, hut he was there.
Who put those resolutions ^ — The chairman.
Who was the chairman? — Lovett.
Were these resolutions come to? — They
'ere.
Is there any aiteralion in them? — ^To the
stofmy recollrction, in one there is; the
words that passed in the meeting, were, that
the present ad nitnist ration, in advising the
present proceedings, was giiilly of high trea-
son. In these, I believe it is rather put as a
ques6on, by saying, arc tliey not guilty of
high ireasolj by such advice ?
Are they tiie resolutions^ except that dif-
ference, in the paper you* received from
Hardy ?-j-They are.
Will vou be so good as look at the papers,
md tell me whose hand-writing they are?
^hose hand-writing is T. Hardy ?— Having
seen Mr. Hardy, as secretary, frequently
write, in tJie divisions, I firmly behevc that to
be his liand-writing ; also that^ and that
[holding different papers] ; and this I believe
to be Mr. Hardy's Btgnature ; the letter is in
another hand; the letter does not appear to
be his hand'wnting; this also is the signa-
ture, but not the body of the letter ; I also
believe ihat'is his signature, and the whole of
tliis I believe to be his hand-writing [speak-
ing of several papers produced.]
Cross^xamination.
Where do you live ?— No, 35» Fleet-street,
What is your occuoation ?—! have no trade.
How do 'you usually employ yourTjeif?— I
liave none btit fur m" ^ ' *
Howdoyouamu -mlly?— I
' have severAl ways, v..,., i . , ;.,..,...
Yon say you are a member of the Corres-
[ponding Society ?— I am ,
^ Are you u meiutjcr of any other societies ?
—No, sir, not of that sort.
Wh^ do you say not of thai sort !^Because
llicxc arc uthcjB*
Trial of David D&wnie
\u\
Do you mean to say, that yon were not a
member of the London Corresponding Society
for any other purpose but amusement?— I h&-
came a member of the London Corresponding \
Society for no other purpose but aunisement. '
I had no other view ; no view to give infor«
mat ion of what passed there
How long were you a member of the Lon- i
don Corresponding Society ? — I became a |
memijer of the London Corresponding Society]
the 'i 7 1 h of J anuary .
Do you trust to your memory for every thing i
that passed there ?— I do not, I look somie \
notes of matters that passed there ?
W hen did you take your notes? — Immedi*
ately on qmiting: it.
Did yoii take Ihem regularly f — I took theiui
regularly after I came home,
Have you your notes about you? — I have.
Be so good as to produce them.— Yes, sir/|
That is a large volume of notes ? — Yes.
Can you favour mc with reading a small'
pari of tiiein, only a few lines.
Mr. Auilruther, — You may have all read if
you plciise.
Omntel for the Defendant . — No, sir, I do
not want them all read.
14 i7n«f.^The first is at a meeting of th
London Corresponding Society, at the Globe
tavern, t Itet street, on Monday, January 20th,
1794. " Mr. Martin, by the upoellaiion
of Citizen Martin, wascalltd to the cnair; he
addressed the meeting in a Jiort speech, sig-
nifying the intention of railing them to-
gether, which was for the purpo*e of the so-
ciety at large adopting the several resolutions
that had l^ecn jirepared lor the occasion,
and which woula be read and submitted to
their consideration."
Stop there, you begin with a particular
phrase, Mr. Martin, by the appellation of
Citizen Martin, — why do you say by the name
of Citizen Martin? — If I am at a loss, ?ind
misunderstood the language, I am sorry for
it; but Mr. Martin was not so cidled, as he
usually is, Mr. Martin, tut i.]iiizen Martin.
Is that common there ? — It is, sir.
No person or member of that societv, I
suppose, would address another in that So-
ciety m that manner? — I beg pardon; that
was the mode of address of every n>embcT of
that society in common; and accidentally
meeting in the street, It ih common to addreA
them by that name.
Have you alwiiys used the appellation ofCi-
tizen such a one ?— I have not Lilwuys used it,
not consideriniE It necessary ; and as to the
nunuteSi I m^idc Ihcm Jbr my own observation
and amusement
Did y\m make uw? of those minutes fur your
own aifinv, i.i, nt^ T thA
And *• them for your
own ant ^ ' i niVM* It standing
in tlkat sitiuiion*. 1 Kin bektre i^ud and tbjn
high trihimnf, nnd would not ^ay an untruth
for any > ^ ^*tu
You aade them for your own
«1
S^y High Treason*
A. D. 1794-
[26
imyicsikcnl, ftnO for no other purpose, and
ynxh ni? ottitr view?— No other view.
' give no informalion
9^ i I uctions tcr attend Ihc
if aiiil pasi^cd through ej^fimma-
vxi asked whether 1 had made
i I had> ftod I was desired to send
L'S,
' Vi nc ;j v% n (1 before the ffivy
ammilf^A ' r 13th of May,
' TcU ^^' Li lame there?— I ac-
ddentii' i on the street, he said,
• liat« ^; .. ,,,.^... . g*J to ll»e Globe tavern
m rioet street f 1 have a ticket, if yoti will
^. T,fjKi nuv he amused/' I did go.
•dhtr, — When was that ? — On the
itri ^ ary I went, I made myobscr-
"'Hicard M\c res<*hjtions. Mr. Thel-
reK>hitiofi5; it struck roe very
IfSm hh manner. My friend said,
ItM^lter become a member; I did; I
tlhmaki ' ' i'i any member in
btimdWidual c; j o as a collective
Wy. 1 found thin imuh tplcs very different
^om irlal I was acquainted with ; I consi-
'y,»\ ii,..m and thought ihem persons that
jrium the constitution, I went
^fl for the Defendant. — Was
ling you thought so? — Not
lueiy — aX the £rst meeting I thought it
t the 90lh of January
\\Af<^ ^o cxUemely dif*
'♦ ' ! nued to attend ? —
I I uriosity.
4i II > tri; yun i \c infutmalion to
ivvmoietit? — I ily uuacmiaiiacd
wj/ih e^rry j*cn*u m. '^^-tinmcnl till aftcr-
*ther we rtty well known» you might have
iliilf ^access to thctii?— Having so little
IkMrvled^e of them, and being so IriMing an
aufcridim], I never atlempled it.
Did TOW e^rr n^^^rnt to ihc resolutions? — I
w»Tf abiciitt led hy the manner their
rew»l«iinrt*v J, in the affirmative or
•t- ot hands.
' ttame of the fiiend who in-
tnaijrii v(n\*—i>o you mean my particular
ibend? — ih€ie ts a ceremony of being intro-
(htcftt
Who introduced you to the Globe tavern ?
\ you to the society, — what
lull mduced him to introduce
ir. Jr^ifniflfr, What docs it signify what
TfTfr^The question I mean
Mid)' profess
' or others to
^ ly, or become a
c y observations to
him, in:rng : lie novelty of the
be fc /lit as wriii become a
V(wn tbe fier/plo who look you there en-
tirely unacquainted with your political senti-
ments ?^ — I went with my iriend that produced
the ticket and gave it me ; — ^he was en^^aged
himself, and asked if 1 would go to dmncr. —
I conceivetl I was only going to join a con-
vivial party.
Did the landlord or any body else pay any
thing in to carry on the society ? — Yes,*
Did you?— Yes: the expence was 13d, at
being made, and one pr^nny at cactrmeeting.
Mr. Anstnither.—Thh gentleman ha5 de-
sired you to state one part of what passed on
the 20lh of January, at the Globe tavern ;
be so good to state what passed then at that
meeting ? — ^* These resolutions were then
read by a young man who stood next the chair-
man, whose name I afterwards imderstood
was Ritbter, first one, then the other; then
singly, and the question was put upon each
bv the chairman, and most of them, by a
snow of hands, were carried unanimously/^
Counsel for Prisoner. — I have heard of
witnesses refreshing their memory, but never
heard them read their notes.
Lord Advocate. — Mr. Clerk ordered him to
do it — ^He is reading his journal verbatim by
way of evidence, just now.
Mr. Baron Norton, — His paoers cannot <
mistake, therefore I think he hau better read
them.
Counsel for Prisoner, — Were they made at
the time?— Yes; soon after they were,
" Mr. Thelwail on the conclusion rose, re-
peated those resolutions, and commented
upon them in very bold and strong language,
recommending their adoption, adding, that if
ministry attempted to land any foreign mer-
cenaries, or subsidized troops, then to repel
force by force."
** There were near t,000 persons assembled,
500 of which sta)cd, and partook of a dinner
provided on the occas^ion. Soon after the
cloth was drawn, Thelwail took the cliair,
gave several loa^ts, — first, the Rights of Man,
and sung many Republican songs ; most of
those 3on£js were afterwards printed, and s<dd
by him ijh the several divisions, and at his
lectures/*
*' Thelwail aud John Will jams were two of
the stewards on this occasion, — Gerrald was
also present, and, I believe a steward."
Mr. Anstruthcr, — 1 have no more questions
to ask this witness.
Mr, Clerk. — Y'ou say you were examined by
the privy council, how came you to be ex-
amined by them? — I was sent for, as many of
the members were.
Had you made any application to the mem«
hers of the privy councti ?— I had not.
It was not by your own means you were
sent for to the privy council ? — No.
Nor by any suggestiouof yours?— No, §tr,
What induced you to come down here?—!
heard you say you hvc in London, are you
upon a visit ?— No, sir, I came down here
from the privy council, with one of the kiag't»
messengers.
At your own expense F^ At preacEti.
an
m GEORGE III.
Trial qf David Doiwnie .
Lord AdvocMts.'^Yoa were there the t8di
of Mii,y?~Yes, I wai eumined before the
privy council.
Aim) Uardv was Uken up on the 19th )-~
Uu the 19th : Am I to receive those two
|iapera now f
Air. ilMTrN/A^r.^NOy tir, when the jury
have <looe with them.
Mr. ZaMjniH awom.
tS8
liook ftt that paper tiry-^iee if you know it ?
-- Yeiif air, I know it very we]l«-*it is a letter I
found in a hook case in Hardy's house.
Were you empkiyed to take him up? — Yes,
1 had a warrant iruni the secretary ut state.
You took him into custody, and searched
his houaie } — Yen* 1 dkl.
And you found that uaper?— Yes.
Look at that, you found that at the same
time? — Yes, sir.
l€td ^(iMcel^.— It is a letter signed Wil-
Itam Skirving, dated 3Mh May 1703,— he
fytuvX thoi»e paven in Hardy^i hou)»e, under a
warrant from the secretary of state, and took
that man in custody, and the primed letter
you will have read, signed Thomas Hardy.
Mr -<lii*rriuA«rr.— What are you?^C>ne of
the ki»);*s messengers.
By virtue of a warrant from the secretary of
state* vou took him up, and found these
papers? — Yea 1 did. i
AinMUHikr AUck^wn sworn — according to |
the Scot* form.
Mr. JailncrA«r.^Now recollect tliat you
are upon your oath, and you will recollect the
consequences of «»tandinf iu that situation. — '
Look at thuew papers*— m> not tell me what ■
they are; but whether they are your hand-
wriUugP^The greater piArt are my hand-
writing.
^how nie which part of it i» your hand-
writing P—lhe list, sir, is my hand* and all
thetie.
What t2» the list?— A libt of the members
uf tlie delegates of the British Convention.
Was Duvtd L>>wuie a member of the Con-
>eniiou' — It' he was* hi^ name will appear a^
a member.
W ere vou secretary to that Convention ? —
I was only acMi^tant to Mr. Skirvlug, who w-js
secretary.
It wa:» %uur bdsiuo^s to recvive the moiiuns
ibac w«re ^iveu in ^^ Ihul wa» *^rt of it.
U thai uame* ^ Uaviii Dowme," your hand- '
wntiug-'— [Nu dU»wer.l
Mr/ Cut let . - You sii j vou would produce
thtt proce«umg» ur the British Couveutiuo, tu
show the tuientioii oi th«iii, but «ouid not
!»(M>w any thiug in them lu >now Uavid Uuw-
nie was ^.^Mlcerlkcd with them '
Ljrd AduKntc. — Arler the am»wer the S^ii-
citor general gave, I irusi vuur luidsiups will
hardly doubt 1 am euutied tii pruve then
Mr. Clo-^— The answer nwde by Mr. Soli-
fcaswyoctal, upoo the nrriiiim ailiAd tn* b ;
ppBcable to the present oftyediaB. We
then insisted that you coukl not prove the
procetdingi of the late Convention. But we
norw make a very different objection, which is
this; let the proceedings of that ConvenUoa
be what they may, you cannot be allowed to
prove that the prisoner was a member of it, and
therefore, you are not entitled to produce the
minutes with that view, or to take notice
whether the prisoner's name appears in them
or not The prisoner is not charged in the
indictment, with having been a member of
the late convention, nor could such a cham
have been received by the Court ; because the
prisoner was examined as a witness for the
crown, with regard to the proceedings of the
Convention. But evidence, applying to a
cham which is not made, and which coukl
not be received if it were made, is totally in-
admissible. Neither is this evidence at ail
necessary to the prosecutor's case. The pri-
soner is only charged with a conspiracy to
form a new convention, alleged to be similar
iu its nature to the late Convention, and it b
said, that the late Convention was of a crimi-
nal nature. All that is neccssarv, therefore,
to be proved, with regard to the Lte Conven-
tion, is, that it was ol a criminal nature ; and
it is of no consequence tu the prosecutor's
case, whether the prisoner was a member v>f
it or not
Mr. AmtirMtker, — I charge him with con-
tinuing to promote the views of the British
convention, and being aiding and assisting
towards calling another and similar conven-
tion ; in order to prove what auother and simi-
lar convention was, 1 must prove what this
was, and that Downie knew what it was.
Mr. Ca^/en.— Mr. An*truther's answer to
me was^ I do not care whether iX>wnie was a
member of the British Convention or not ; all
1 mean to show is> a convention then met, and
had certain objects iu their view, and came to
certftin resolutions; — that is what Mr. An-
struther had alone in his mind : now. he goes
to show David Duwnie was a oiettiber of that
Convention, which I aoprehend has notbimr
to do with the case; and any tiling ci.oceniiug
David Duwuie with the Convention, or in
that Convention, is nut now to be ^ue into
consistently with the as^u^ances he' received
on the turuier trials, that he was not to be
brought into questiun for iL
Mr. JnjtfmfiMfr.— I thought the objection
made, and [ answered iL
Mr CUrk. — It seems to be acknuwiedged,
on ail hands, that they went upon uuwarniut-
abie proceedings; they were cnap^ed witn
sedituin.
Mr. .Jfulm/Acr.—ReiiHjve the witness.
Mr. L'Urk. — We have loniicnv ueard it
suted, from the highest auuiunt^ un the
bench, that to siy a luau iiau :)tvii a member
uf that convention, wai» to atcuse rum of tile
criuM oi 9«ditiou. But accvniiu:^ lu tiM doc-
tnnea laid down since this court ~waa opened,
the onniiuctot'tiiMt convention aaMmutodtna
GiinM somewhat higher tliao sediliBB; in
J^r High Treasan*
Mc. Ami the lord ad*
aid, that the London
, wilU wtiich the late
cted^ bad tre^bao cable
h the plain ini'er-
iilioHf before iU
^iMHji, t>i high treason. It
I CbUuw, that by pri^vtn^ the prisoner to
ihfrt^ ^ rr^. ...i.f , .,f iiiLi ' oQvention, a
be proved
> I. ... , -ed, that he
ftiamasoqf U> t lit. This is
ilt4R| fkiiti ivn ;iDd directly
•t M«r^ ju he IWU6 exuiuuied as a witness
I ctovm, tvilh rf*urd to the proceedings
B cotline4i I lC would create an iiu*
minds of the jury, and
ijufi^i vvliich they are to
Ltv I r is indicted for
un, and inc jarv ire to determine by
let, whelhor he Uma been guitty of
I ID U ar
•r^dllMillier u,' nor lated ni the
adictaKllL Thi§i%i^' i i and perplex
Ibt JBfY witii distinction! between treasons
thM^Hl but not |>rovad, and treasons proved
tut BOl ekajgnJ.
Mx. .ijHl^itAer, — He is not Indicted for
bnf » membcf of the British Convention, or
iff Mf tUilg be did there.
Xj*^ '^ ' ' ,so the question
W9g y. ** Do you know
ibaifli^ pii»u4irLr ii«u at:ct'>» to bc acquainted
villi lliopf<M«adiiig»of thai fust Convetmou ?'^
Qaf« fmt tnj objeOion Uj that ?
Mr. Cmiien and Mr, C?/<fril;.— No.
Lard Ad^9<rate.—l have no ot^Jection to its
^ pBi ia Ihjit way— call in the witness^
IW Fte^idcnt, — Mr. Aitche^n, take no*
I d^noi mean lo a&k wJiether Mr. Dow-
417 ficil a member of that Convention,
I pol tills ouf^tiim to you, — ila you know
Wr. bownie hud acce*s to know
wMvareth '>fthe first Convene
tinof— Bad tss to know the
laimBof liv ' itCuMvention
V9^ ! he had ac-
lo Mtevi *x ii'.m in^>^-|..ip€rs ; and a
A. D, 179i.
[30
CI iir^> .^-[uipers ;
MnlNsr af people were visitor?; he might
Ham «Deei9; but whether he had or not
I of It, I cuunottell; he certainly
1^ ai.'J th< tnihhc had access.
OojfDu \- » id atcc^ yoyrself? — I
hgrr %cen )
your own hand writing?— >
\1 ii£tc ii. ! ?— I wrote tUat I
IkiakifiUk: 'nion*
Wbit ts UK LlJte ul ilf--i tliiiik it has no
I>» yon kiHMr €kors« Ko«^'s hjvnd-writing ?
— Vea, I b9«i: a giii^ ^t it.
Uf. CWii^,— .Therr ■- ' — T submit
t>|vtfr loiilA|iip«» bei tt to be
d^ J4w, aut ofilj of ^^ ,L,,„ ,, I ,j; uf every
other country whatever, that no witness can
be asked a question, the answer to which may
criminate himself; if be is called upon to
give evidence with respect to the proceedings
uf the British Convention, the answer may
cri annate bimselfy and therefore I submit that
the witness ought to be put upon his guard^
and ou^ht to bc told tJiat he is not obliged to
answer any cj^ueslion that he thinks may have
that effect.
Mr. CUrk. — There is a very great diOcr-
ence between the law of England, and the law
of Scotland, upon this subject. In the Scots
criminal courts, when a socua criminii ia ad-
duced as a witness for tl)e crown^ he is told
by tlje judge, that his evidence will not mili-
tate a^inst himsell^ and eveni that by giving
his evidence, he is secured from any future
prosecution, upon the facts to which it re-
lates.* He is therefore liound by bis oath to
tell the truth, and the whole truth, without
any exception of such truths as may involve
himself in the guilt of the prisoner. It is /port
judicU to give him lliis iuformalion, ami
every lawyer who hears me, knows it is the
universal practice. But, my lords, this is an
English court, and tlie law of Eng/a/ui is verj
dl&rent. A witness by giving evidence fof
the crown, does not discharge himself of the
crime. He may afterwards be prosecuted fot
the same crime, and there are even cases, in
which the very deposition of the prisoner,
when formerly examined as a witness, has
been used as evidence in order to convict him-
self. This heme the rule of English law, a
witness is not bound to speak the whole
truth. He is entitled Co m^ke a reservation
of such truths as wotdd involve him in guilt;
and if any question is put, the answer to which
would criminate him, he may refuse lo an'iwef
that tjuestion. My lords, I know it will b«
said, on the part of the prosecutor (1 heard it
urged the otlier day on Watt- s trial, but it did
not satisfy roe), that the witness himself is the
best judge of what may involve him in guilt r
and it is said, that if a witness mi^ht be I
brought lo trial, upon the same facts with re-
gard lo which he had given cvklence, there v
would be an end lo evidence by a tociui rrimi* I
nit. With regard to these objections, the wit- j
nesa is no doubt the ultimate judge, how far I
he is in safety to answer the questions that J
are put to him, But every witness is not & t
lawyer; he may be mistaken in his op'mionji
and therefore he ought to be put on his guara \
by the Court, Accordingly, my inforraationJ
is, that in England, it is held to be the duty J
of the judge, to put the witness on his guara^i
whenever a question is asked, the answer t<ll
which may criminate him ; and after he is sal
put on his guard, he answers the question of i
not, as he pleases- As to tocii criminis^ I be* J
lievc very litllo could be liad in England fronii
• As to the evidence of n $ocm criminitf i
the notes Vol 10, p. TBI ; Voh II, p* lOdS, i
Vol 13, p. 10^, of this Collection,
31]
34 GEORGE HI.
iheir evidence if they did not previously re-
ceive such assurances as they could rely upon
that they should not be prosecuted. They
arc entitJed to warning as well as others, with
regard to what part o^ their evidence may mi-
litate against them; but they may hnd it
more prudent to give their evidence, than to
run a much greater nsk from not ^ivuig I heir
*iSvidcnce. — ^Bul besides the duty of the Court
in this respect, I am informed that, in prac-
tice, the pnaoner's counsel are allowed to sug-
§e&t to toe Court, what questions may en-
auger the witness. The prisoner has plainly
an interest, tliat the witness should not he en-
trapped by such questions. — And therefore^ I
do humbly presume, that the witness will be
put ou his guard by your lordships, ag;ainst
such questions as may involve himself in
fuilt, especially where the guilt is alleged to
e no less than high treason.
Lord Advocate, — I shall not trouble your
lordships with many observations ; but one
thing dropped from Mr. Clerk, which wa^,
that he had an interest in the witness not an-
swering; upon which I must make one re*
inark. Whatever may be the interest of the
prisoner, or of the prosecutor, it is for the in-
terest of the country, that the truth should
prevail. — It may be the privilege of the wit-
ness, if he chooses, not to answer any ques-
tion; but the counsel has not the privilege of
telling the witness, that he shall not answer
tlic Court upon oath, if he pleases.
Mr* Cullen. — When I understand the rule^
1 ^hall comply with it; what I am going to
notice, i^ a case the gentlemen will not pro-
bably have forgot, a very recent one. It was
that of Mr. Purefoy for killing colonel Roper,
tried before Mr. Baron Hot ham, A queslioo
was put to a general ofUcer, to which the
counsel for the prisoner objected a^ the an-
swer might involve him in criminahty him-
self; upon long arguments the judge deter-
mined it would, and it was put in another
slmpe.
Mr, Anstruiher.^l believe Mr.Cullcn's au-
thority for this is no other than a news-paper :
it must be otherwise : it cannot be doubled
that the witness m;iy answer if he pleiscs.
Lord Ctncf Huron, — ^ There is no principle
more settled in the course of adminiMration
of jiustice, than I hat no witness is bound to
crimiujile himself in giving evidence. Jutke*
ohvn i^ivG notice of this to the witness; Sul
t lie doing it or not, is a mailer of discretion,
which ought to rest with the judge, according
to llie iiiluation in which the witness happens
to ivc placed; the parties have no tide to
interfere,
Mr. Baron Norton, — The principles of com-
mon reason and law, will not oblir;e a witness
to give answers to criminate hunself ; but
there is nothing to prevent his doing it; nor
h it for the pn-suner's counsel to make that
olyeclion: the lord advocate has not said,
tlml be is aftcrwanio to try this witness, nor
could he with propriety be brought to trial ;
t
Trial ofDavki Downie \^
he is therefore at full libtrty lu speik i»it the
truth.
Mr. Antlruther, — It is clear, the wii
could not criminate himself in answering
question, he is only asked if that paper
Uoss's hand-writing.
Lard President, ^In civil courts, it
times happens that witnesses are addtieisd to
give evidence, up*in facts of a criminal nutitrr
between parties who have no autls
power to discharge the prosecution 1'
court of criminal jurisdiction, if any such s^vail
arise out of the tacts thus meant to be given
in evidence. In such a case, and where the
question put tends to draw an answer which
ma^* criminate the witness himself, I undcr^
stand It to be the duty of the judge, to give no-
tice to the witness, that he is at liberty to de-
cline making an answer to the question, on
account of the effect which it may have against
himself; not tliat the answer, if made, could
be used as evidence elsewhere, but that it
might lay a foundation for his being prose-
cuted, by giving information of his own guilt.
But, with re.specl to the proceetlmgs in
courts of criminal jurisdiction, with which I
had occasion to be well acquainted, as public
proseculor, for several years, I know that it is
common, and oileu necessary, to admit accom-
plices in the crime, as witnesses against the
prisoner, otherwise crimes would too often go
unpunished. But I always understood it to
be a settled rule, that his majesty's advocate
prosecuting for the King, could not, after mak-
mg such iise of an accomplice, or socius crimi-
ri^s, bring the witness himself to trial for the
same crime. Neither would it make any dif-
ference, as very ingeniously suggested from
the bar, that the person of I he advocate was
changed by death, or otherwise ; for in every
such business, his majesty's advocate acts oih-
cially, and there can he no doubt that the sue*
cessor in office, would be bound by what his
predecessor did. This rule stands upon the
principles of plain g«>od sense, justice, and
utility ; and has been sanclioned by immemo-
rial practice with us. I do not profess to have
llvE^ same knowledge of the law or practice of
England ; but 1 desire to be iniurmcd by those
who do know it, how the matter is understood
there, and in trials such a-* the present: or, at
leui^t, I desire to know explicitly from his ma-
jesty's advocule, whether this witness Mr.
.'\ilcheson, orany other witness who may be
adduced by him in this trial, d»>cs, or does
not remain exposed to be tried by him for the
.■jarne crime. If I receive an answer in the
aflirmalivc, I shall think it my duty to in-
form the witness, when a question is put to
him, lending to criminate himself, that he is
at liberty to decline aiiBwering il. Bui if I am
assured that the wiine^js runs utiri^k of being
prosecuted himself, iieing virtually or expressly
liberated from the charge, so Jar as he himself
may be concerned, in consequence of his be-
ing called as a witness, and spcakini; out the
truth la this trial, it will be luy duly to IcU
1
SSI
)»,tliatlji
■ I
Jor High Treason*
to 5peak out Ihe whole
I saietv so to do.
/ '.CSS, Ail-
:; within
u uiiv uc tried in
uf this county; as
■ ' T explicitly dc-
uiy intetiliiin
11 1& iriufj'ur
charged
, . iicssiihiy
iict%d90rjf to ily j*rvviou$ to this
roil. — I served a good many
jf in this counlr>% aatJ I af-
1, when I brought u »ucius cri-
-■\ that my hands were tied
t-ciition of him for any thing
Dut if he \voul<l not speak
U a I h ber ty to prosecute
tlid not speiik oiU ; a
^,.1 to the uar, and not
Bg^ slumid that protect him from trial
' offt-r.rp- when he is only protected tor
ikupon that trial?
— i am of the same opinion ;
if be ttinf€:% to speak, he ia not a witness;
Iscuaj he put back to his former situation.
bmi Adv0C4xte,^\\ i)at the honourablejud ge
lift Mailed ts perfectly right, and the law.
Mr. A*^iinUktr. — I helieve that is correctly
fWpnctice in En Poland; I know of no instance
whmr a jwh ' 'J a person who has corac
Isvird tolii: 1 given evidence : there
IttPe been cajsc^ oi uns sort, where a person
«bi b called a%a witness, refused to answer,
A. D. 1704.
[SI
iti'jv
liAlcirau
I MIX'
'L ...
tooc^taoi
ait fairtv :
tbcoktj
lutd
&ivt)arfi
Wont
Iv Ir
]nrkr
Kl'
K
D
cs
it-
h
11
VOL
V
'^^ *nl where a witness has
vc there is no instance
d ; although certainly it
[>ardoo, if such persons
e the whole truth, al-
ot entitled of right to a par-
IV, to 5top the prosecution
t were a capital oftbnce,
)(:h wuuJd hail, in order
" / to the Crown.
it fit to say a few
being tlic senior
ourl of justiciary,
ric years, and had
icc 1 came to the
" i^v of Scotland
Lied, both by
r baron* In
111 every country
ivition and govern-
iti are admissible wilnes.
us ; and, indeed, in many
I be done» nor the grentV
K withottt the aid of
V few ruses
i comphcuted
■ "cncon-
imiued;
hy the
tor the
,,. ^*..^ ^^^ .vcn €Xii- ,
mined as a witness upon tliat crime, to whic
he had been av cLs^sory, and who had not re-
fused to give evidence, but had given evidence.
I had conceived a notion in my own mind,
that, if such an attempt should be made, the
judges, who are to determine upon the law of
the land as it strikes lhen», would not suffer
a person so circumstanced, to he subjected to
a trial, and consequently, that it is not optional
in the public prosecutor to brino; him to trial
or not, for that the court would interfere, and
prevent such trial proceeding, although that
case has not ^el occurred. Here the public
prosecutor has thought fit to bring by subpana
to give evidence, a person, who, in the Ian*
guage of England Js an associate in the crime;
and if tliat person should say nothing after
he is sworn, it would not prevent him from
being tried j but his giving evidence is the
thing Uiat must secure him. I did not, how-
ever, conceive that the question now iiut to
Mr. Aiteheson, could have led to the aiscu^
siOB of this point, because he formerly gave
evidence m a case that was tried upon a charge
for sedition, respecting what is called the Bri-
tish Convention, in consequence of having
been then told, that his givmg evidence was
to secure him from being tried for any crime>
whether under the name of treason or sedition
arising out of his having been a member of
the British Convention, I therefore think
there is no place for the objection in his case ;
and, with respect to any other witnesses who
may have been accomplices, I am ofthesami^
opinion with your lordships ; it is not compe-
tent for the prisoner's counsel lo object, al-
though the witness himself may decline to
answer to questions, tending to criminate hnn-
self ; but ifne chooses to answer, and gives evi- ^
dcnce, I conceive he will be secure against anj
future prosecution.
I^rd 5tt^»W(//i.^If an accomplice could no
be protluccd as a witness, it would be impossi*
ble to discover crimes. When such a per
son is brought to be examined as a wit^J
ness, it is not the right of the prisoner td
object to his admissiblhty upon that ground ^'l
it is the ri^ht only of the witness himself toj
object ; aQ<l if he docs object, then the duty of
the court is, to tell him he is not hound ta J
answer any thing that may criminate hi mself|l
and if he IS silent as a witness, he certainly^
subjects himself to be brought, though not itt j
the character of a witnens, yet in the charao* |
ter of a prisoner, to the bar. If, without obW
jeclinL', lie ^hall give his evidence, it is thel
tixed practice of every court of law of which El
have harl occasion to hear or read, that he can*]
not be brought to trial upon account of anj J
thing he sjiys ; it is a protection to him that ]
he cannot be brought to inal upon that ac- ,
count; but I see no business the court crany i
Lot fy else hii5, to s«piLC tlo a witness that heij
not to answer anything; it is giving him a hini j
not to do his duly to liis country, and to tell 1
the truth, — ^o 1 concur ia the o^\ti\OTVgLve\\\s|j
fhe whoieCuurh ^
D
54 GEORGE III.
"Lartl Duminnan.^1 concur with the lottl
J>residcnl and Ihc icsl of the Cairrt* that the
Fjwisoner anJ the counsel have no richt lo
suggest to the wilnesfi that he is not bound
" > answer.
Lord AbtrcromhU concurred in ihe same
pinion.
Mr. Cltrk.—'^^y lords, 1 see the question I
_aean to pn lo Mr Aitchcson will come more
properly aflcrwardi?.
Mr Anitfuthcr (to Mr, Ailcheson).— Do
{[you know George Eoss? — Yes.
Was he yovir assistant?— He assisted Mr,
Skirvin^ ;*long with me,
' See it yow know his hand-writing?— I think
^hat is his hitnd- writing.
Lord Advocaic, — The jury will attend; iVe
Kave proved some papers which I mentioned,
lud the clerk ra^y now read ihem.
Mr, Anstruther (to Aitcheson). — The mo-
Sons thai were made in that convention
fwere handed over to yuii, were they not? —
Generally while I wa^ there.
Tell us whether thai i'i one ?— It is.
[Ijetters produced and read.*]
CUrk ofArraigTta. — This is a letter signed
liomas Hardy, secretary » No* 9, Piccadilly,
" • In case?,*' says Mr. Burnett (ch. 18. p,
|4Pid) ** of conspiiacic% or illegal combinations,
It is often necessary to prove the general con-
ipiracy, and il^ namrc and t>bject, by produc-
ing the minutes or resolutions of the associa-
[tioh ; and Hm is admissible evidence against
I the party accused of being one of that con-
I ^piracy, though his name do not appear on
llliese minutes or resolutions. Nay, in such
l^ases^ evidence of the proceedings and resolu-
raons of other associations connected with
I them, and implicated in the same pursuit, and
Bven of the correspondence, wri tines, and
ii r individuals connected witli those
t iations, are admitted to fehow what
V I . r uir general views and objects of the eon*
|6inrucy m which the pristavcr has been en-
Siged, the etlect of these circumstances upun
ic case of the prisoner bein'4 left lo the jury.
I 111 the inal ot Downie and Watt, for lugh
jtrea^on> at Edinburgh, in September. t?9t,
[the minutes and proceeding!^ of tlie British
1 Convention, and the papers found in the pov.-
l*c%&ion of iJkirving and Margarot, mcmbcra
[pf that association, were ^iven in evidence
'•^inst the prisonerSj whiU. in th^ various
' r . ■ ■ ' r ■ ,wl, in
t , the
,< uof
n at
Trial of David Downte
[36
£itikk isiiin lUt (»ri^uei, «nJ add^cafKDil io
j and h dated London, I7lh M^iy, 179S, and di-
rected to Mr. VVilltam Skirving, secretary of
the society of the Friends of the People,
Edinburgh.
** Sir; — ^The London Cone«»jionding Society
eagerly seiwithe opportunity of iMr Urfjtilmrt
going back lo Eduiburgh, to rcqutist ot ynur
society a renewal of corresjxmdence, and a
more intimate cooperation in that which both
societies alike seeJc, viz. a reform in the par-
i hatnentary representation. We arc very sen-
I sible that no st»ciety can, by itself, bring about
titat desirable end; Ictus therefore unite as
', much as possible, not only with each other,
but with tvt^ry other society thn^tghout the
I nation; our uctition^ you will have learned,
' have been all v( them unsuccesshil ; our at-
i tentiun must now therefore be turned lo somO
I more eftcctuul means ; from your suciely we
I would willingly learn them, and you, on vour
: part, may depend upon our adopting the firm-
est measures, provided they are constitu-
tional, and we hope the country will not be
behitnl hand with us,
** This war has already opened the eyes of
many; and, should it contiime mttch longer,
I there is no answering for its effects on the
minds of the people,
third parties, and not found in the prisoner's
possession, or letters a(klrcsscd to the prisoner
himself, though found in his custofly, are not
\ admissible against him. But in cases of
j combination, general concert, or conspiracy,
such letters are admissible evidence lo the
eft'ect of establishing the general concert or
I conspiracy, if written by membtrs of, or cOA-
nectcd with it, to other members, wlieiher the
prisoner or third pHrties ; and whether found in
the possession ol the pri-w^ner or of third per-
sons ; and, in certain causes, even thotigh these
letters have not reached the persons to whom
they weie luldrc^sed, if Ihey have gone out of
lire possession of the person who wrote them.
In Skirviug'scase, January, 17*>4. a letter ad-
dressed to him from l*almcr(who had been
previously convicted of sedition), and found in
nis possession, was received iu eviilence; and,
in the trial of Hountf^ ;iiid Wait, h»r high lnea»
son (at Ediii ,ilenvbcr, I7<>4), letters
from Hardy,' u, lo Margarot, Skirving,
and others, and from thtin Xu Ilurdy, were
wittiout objection, produced in evidence. In
the same way, in Hardy's trial, in Knetand,
November, 1704, a letter frtjni f% memher of
tin - which H.ir ^ I'd, ad-
dr- ut, then ^h, but
wtsun I been intcjMjmfj, was re-
ceived I of the genentl conspiracy*
*'l.C': ■ r "-■" ' - *'-" prU
soner, ^ nd
K. ...M. ,;,^h
IIS-
by
■ . ^^ -Jc-
hvtrcd or published*-'
Jhr High Tteamu
*^ Dursocietj bw met with nu lu-
IMI^ fii£ircftheic&s we i^n on h in
mm^iCiit und pulitical knowledge, Wusinoir
j9tf and y<Hii tnuive all success, I rctnuin,
cord»l(y, »iri your friend aud ttJlow
*' Tuoif AS HAanr, Secretary/*
^' To fie Setrciary of the wocid}^ of the
frkndM pf the Feopic^ EdinbvrghS*
tkrk afJrrai^nt, — This letter is HircctetJ
•if. iiardy; it h dated Edinburgh, «5lh
^Ali Sir; Mr. L'rquhail did me
I piri > il on Thursday afternoon, and
*«rj tter of the 17th curretit ; 1
Bi4 * with t h e CO Dten Is of i t, and
I la; riieeting of our so-
er does not take
hU I would iiave
of your favour by
u much employed
io another lodgings
f If cilhcr you
If liti^
fu!
l^pf-
icctttftl
nd, or we in Scot-
, arately the reform
is^ 10 obtain, we should
- J ic aur weakness, and
uorance of the corruiHion
utir lOiportant undertaking.
ly the cxlirpalion of one i>el
11 from the management of
^♦ii. , i]r,i']-l:"i iiii'jht be given to
^t,>w'iiiout ai, LI UiiL lilt: vitals of the
adveidC to rctunn. Thcsie might
ly *ce**aipli>thrd ; hut to cut vio deep
i'lchces, to ^ive eJTeclual
of truth, m Ikvour of
' ' ^ ''\ in op-
I liabit!^,
. . ,»*,.^ ,.-,. --.i„c Uic final
KT of darkness, is the work
! iK.t i,[ a niiil; a work tO
i period, were
tdl now liis-
ISC, not merely, or only I
use of the common danger
eiJ, hut from the en-
I livcrsal benevolence.
service that I can do to
; rot note the union you
■ I am happy to a.ssure
I to discovered no sen-
trt^^i ttjon, adverse to Ihc most
iU)d broiherly union with iho aasocxa-
r,,.J I
minds of all must, in the
hj* now turned lo more ef-
'irui. Not one person
rirre^vilv of it; tv llu:
^f1**;\i%'^^>f^ * 1 tmh only ulraid that
i>, was SO con*
b resit, You
ij icariit ytu ^^, from m
•I
own that wc ought lo be forward m this*
we have at once in great v^i^gm perfected
our plan of or^am^ation, and if we were
m live same mdept^odent state of mind
as the people of Kugland, we hhould bi
able to take the lead. The associulioiis wit]
you are no mort* [ fear,— excuse tny freedom^
— tlian an aristocracv for the guod oi ih<i
people, Tlicy are indeed moderate, iirm, and
virtuou5, and belt*.'r cannot be; but wr arc
the people themselves, and we arc the first la
show*, that the people can both Jud^e and re
solve, if undirected by faction, with oetJi w*ij
dom and moderation,
*' I have not a higfier wish in the pn sent"
exertions for reform, than to see ''
universaily and re^larly associate < 1
I am persuaded, Uiat the pre^eiu di^^a^lrous
engagements will ibsue in ruin, and the
people then must provide for themselves ; and
It would be unhappy, when wc shoulfl l>e
ready to act wiih unanimity, to be occupied
about organization ; without which, however,
anarchy must ensue : we will not need but to
be prepared for the event, to * stand and *;ee
' the salvation of the Lord.* Let us therefore
take tiie hint given us by our opposers : let
us begin in earnest, to make up our rnind^ ^
relative to the extent of Reform which WM
ought to seek; be prepared to justify it*
and to controvert objections ; let us tnodel
the whole in the public mind, let us provide
every stake and stay of the tabernacle,
which we would erect; so that, when the
tabernacles of oppression, in the palaces c "
antbition, are broken down, under the mad
ness and folly of Ihcir biipportcrs, we niayj
then, without anarchy and all dangerous i
delay, erect at once our taberoiKue oCJ
xiglitcousncss, and may ^hc Lord himself I
in it !
" How hurtful to the feelings of a reflection.
mind, to look back to the wi etched ^tate ml
which the Roman monarchy, enfeebled anili
broken by its own coTru|3tions, left Uie nation*]
which it had isubjected, like sheep without f I
shepherd. They soon became a prey to everyl
invader, because tiicre was none to gather off
unite them ; had ttiey, foreseeing the evil, a*i J
socialed for mutual defence, no robber wouldj
have been able to enslave them ; they woulcl^l
have given laws to all parties, sis well as torn
themselves ; all separate colonics and nationtl
woukl have sought their alliance; but nof
having virtue lo associate and heal the divfc.
aions, and root out the selfish spirit whiclij
ambition-fostering governments procure tiil
their subjects, they fell under opnression9||
from under whose iron sccplcc they ha^'^J
never yet been able to deliver themselves* 1
" We may suppose an event which we de« |
precate, nay should we not be prepared fof 1
ever)' oossible issue of the present uoprecof j
dent'etf divisions of mankind, we have a right]
9 nsive of the ahihties of our m«»J
J so afraid lo dt^it^n ixom \
cmtiit^ tiiat, ukc men uJ delaA» vV^c^ mvy^
43J
34 GEORGE 111.
Trial ofDnvid l^imnU
[41
Tb«il it goes on ia the same hand-wnUng,—
*^ Citiseu Gerraldt in an energetic, tind aui*
mated addrc69» tjxprtfssed his happiness at the
motion passed, and exposed im at I of the
Irish parliiini ' Ida convention dill,
** And CI I 'n followed him in a
ni": ' ' >ved the influence of the
ex over ihe parliatnenl.
V i...v.i .^..._.L read and proposed the
following I notion ; viz. that a secret com-
mittee of three and the secretary, be ap-
pointed» to determine the place wnere such
Convention of Emergency shall meet : thai
audi place shall remain a secret with them,
and witli the secretary of this convention ;
and that each delegate shall, at the break-
ing up of Hyt present ae&skon, be intrusted
wiiki a sealed irtler, containing llie Dctme
of the place of meeting. ThU letter shall be
delivered unopened, lo his coa^Ui€i3is, the
receipt of which bhall be acknowkcigad by a
letter to the secretary^ iireserved in the same
stat£, until the period m%\\ arrive, at which it
shill be deemed necessary for the dclegiite to
set oft. This motion was seconded b^v citizen
Moffat, and the same was passed unanimously.
'* The following citizens were nominated
with tlie secretary, a secret committee on tbis
business; viz. Margaiot, Jo. Clerk, and
Browne, and they were requested to devjse
the best possible means of conveying this in-
timation to those societies whose views were
the same with ours, but may not have dele-
gates at this convention/*
Ckrk of Arraigns. — This is a ipaper indors-
ed, Mr. S*mclair*s Amendment ot iMr. Callen-
dcr's Motion.
** That the convention, considerinjg tliecalor
nwtousconsequences ofan^act of the fegislature
which may tend to deprive the whole, or any
part of the people of their undoubted right to
meet, cither by themselves, or by delegation,
to discuss any matter relative to their common
interest, whether of a public or private nature,
and holding the .same to be totally iocop sis-
lent with the first principles and safely of so-
ciety, and also subversive of our known and
acknowledged constitutional liberties, do
hereby dechure, before God and the worhl,
that we shall follow the wholesome example
of former times, by paying no regard to any
act, which shall militate against the constitu-
tion of our country, and shall continue to as-
semble, and consider of the best means by
which we can accomplish a real representa-
tion of the people, and annual election until
compelled lo desist by superior force.
** And we further resolve, that the first no-
tice given for the introduction of a Conven-
tion oill, or any bill of a similar tendency to
that passed in Ireland since the last sc'jsion of
their parliament ; the suspension of the Ha-
beas Corpus act, or the act for preventing
wrongous imprisonment in North Britain, and
a^nst undue delays in trial, which will ren- |
der all the laws for the protection of our lives
and our liberties nugatory, and as some have
avowed their intention of im
iion for the repeal of one of i
of an invasion, or the admis^MJa oi ;uiy iw-
reign troops whatsoever into Great Hritain,
or Ireland, — all, or any of these, shall be a
signal lo the several delegates, to repair lo
&uch place as the conveuLion siM appoint;
and seven members shall have power to de-
clare the convention pernjanent.
" Keiolved, that lue dctcgatea to any con*
vention meeting under any of th* sr ralacni-
tuus circumfe lances, shall i ly re-
pair to the place of sitting, an*! iltinue
until the number be twenty •one, and Lben
proceed to business.
"The convention doth therefore rt
that each delegate, immedialely on his n j* i
home, do cunveoe his constituent, and c«*
plain to lliem the necessity ol' electing a dele*
gule, or *h ' I II id ot estabhshing a ftmd
without »! ^t any of thefee eutergen-
cics for lu!) Ml iia^r expenses, Hud that they
do instruct the s^iid delegate, or delcgatea, to
hold themselves ready to depart, at an hour's
warning/*
Paper of the tltb day'd sitting read, dated
30th November, 1793.
^' A motion ot David Downie, to 6nc thofre
members who did not attend their &ectionfi»
** Tiie order of the day was called for,
^ A motion tor drawing out a scroll of a pe-
tition lo parliament, which being read| the
order oi the day was moved upon iV^
Paper of the J2ih Mtling read, dated»
** Monday, ad December, 1793, first year
British Convention.
** Citizen John Clark, mason,in lhechair,and
citizens Downie and Komanes, assistants at
the table.
** Read the minutes of the last sitting.
** Upon its being raovedi that citizen Smith's
motion ibr petitfoning parliainenl be dis^
cussed iinmeaiately, it was agreed, that citi-
zen Smith should withdraw it, and present
another
Cirrk of Arraigns — This is the hand-wril-
ingof Aitcheson,
•• Citizens Alexander Scott, and A, Calen-
dar moved, that the British Convei^tion take
uudcf consideration a resolution passed at the
fast meeting of the Scots Convention to peti-
tion the Commcns House of parlLimcnl tor a
parliamentary reform.
Citizens James Smith, and Peter Wood,
nioved, that ihb Convent ion lake under con-
sideration, whclhcr, afttr the contemptible
manner in which the late petitions for parlia-
mentary reform were treated, they shall again
petition for Reform, or at what period tney
should recommend the same to their consti-
tuents,
Li)rd AdDQcatc^^ow read the copy of
the refsolulions that Tavlo? proved.
Cierk of Arraigns. — rhese are the general
resolutions made at the general meeti nj5 qf
the I^jndon Corrcs^jonding Society, hehf at
the Globe tavem> tlcet Street, on Monday 20th
Januiry, 4794, citizen John Martin in the
cbftir. Tbc following address to the people
of Great Britain and Ireland, was read and
agreed to.
** Citizens*— We find the nation involved in
a w;ir, by which, in the coarse of one cam-
paign, immense numbers of our countrynien
nave been ulatightered, a vast expense has
been incurred: our trade, commerce, and ma-
nufactures are almost destroyed, and many of
miT manuKicturcrs and artists are mined, and
their famihes starving.
" To add to our affliction, we have reason
to expect, that other taxes will soon be added
to the intolerable load of imposts and impo-
sitions, with which we are alreadjr over-
whelmed, for the purpose of defraying the
expenses which have been incurred in a fruit-
less crusade, to re-establish the odious des-
potism of France.
** When we contemplate the principles of
this war, we confess ourselves to be tmahle to
approve of it, as a measure either of justice or
discretion ; and, if we are to form our calcula-
tion of the result, from what has already
p«ssed, we can only look forward to defeat,
and the eternal disgrace of the British name.
" While we are thus engaged in an expen-
sive and ruinous foreign war, our slate at
home is not less deplorable.
" We arc every day told by those persons
who arc interested in supporting the corrup-
tion list, and an innumerable host of sinecure
placemen, that the constitution of England
Js theperlection of human wisdom ; that our
laws (we 5.hould rather say their laws) are
the perfeclion of juslice, and that their admi-
nistration of ttiosc laws is so impartial, and so
ready^ as to afford an equal remedy both to
the nch, and to the poor, by means of which
we arc said to be placed in a state of absolute
freedom; and tnat our rights, and liberties,
are so well secured to us. as lo render all in-
vasion of them impossible.
•• When we ask how we enjoy these trans-
cendent privileges we are referred to Magna
Charta, and the Bill of Rights; and the glo-
rious RcvoKitiou, in the year 168^^ is held out
tu us as the bulwark of British Uberty.
** Citizens,
** We have referred to Magna Charta to the
Bill of Rights and the lie volution, and we
certainly do find, that our ancestors did esta-
blish wise and wholesome laws» but we as
fcttainly find, that of the venerable constitu-
tion of our ancestors, hardk a vestige remains.
I "^ The only chapters of'^ the great cliarter
I which arc now in legal existence, are the 14th
I and 29tli,
! " The important provision of the 14th chap-
! icr runs thus :
"A freeman slmll not be amerced for a
small fault, hut after tht.- manner of the fault;
and for a great taull, after tht- greatness there-
of, saving to him his contcnement ; and a
mcrcliani^ likewise, saving to him hi« mer-
chandise; and any other's villain than ours,
shall be likewise amercedi saving lo him his
wainnge ; and none of the said amerciaments
shall be assessed, but by the oath of honest
and lawful men of the vicinage.
** But by the usurped power of the judges in
assessing fines (and what fines I !) in the cases
of raisdemeanor, this glorious right of the
fubject^ of having these fines assessed by the
jury, (the only possible protection from sla-
very, and the vilest oppressiod) ii unjtistly^
and infamously ravished from us."
*• The provision of the aQth chap, nmft
thu&:
** Na freeman shall be taken or imprisoned
Of be disseised of his freehold or liberties, or
free customs, or be out la wed, or exiled, or
any otherwise destroyed ; nor we will not pass
Mpon him, nor condemn him, but by the iaw^
ful judgment of liis peers, or by the'law of the
land; we will sell to no man, we will not
deny or defer to any man, either justice or
right.
** The various methods now in constant
practice, by which the benefits of this prori-
sion are totally defeated, and destroyed, might
induce us to suppose that the great charter
has been repealed, if we did not assuredly
know it ii* the fundamental basis of our con-
stitution, which even the real representatives
f)f Ihe people (much less the miserable nomi-
nees ot Hclsloneand old Sarum) have not tlie
right, nor (as we tnis^t H will be found by ex-
pericnce) the power to repeal ; yet what do
we inntl in practice ? unconstitutional and ille-
gal mforniatlons, ex-ojjicio ; that is, the arbi-
Uury will of the king^s attorney general,
usurping the office of the accusing jury, and
the interested oath of a vile common infor-
mer, with the judgment of as vile a common
trading or pensioned justice, substituted in
Uie room of our birth-right, and impartial
trial by oUr country.
•* Add to thi*, tliat the exorbitant expense
of judicial proceedings, the novel practice of
arbitrarily aud repeatedly aniiuiling the ver-
dicts of juries, ana the dilatory practice of the
courts, uiost openly and shamefullv contradict
the clavise which forbids the dcuial, the delay,
and the sale of justice.
** A man accused of felony (for which, by
the common law of England, his life and
goods are forfeited) may be bailed, on finding
two securities for 40/. each, but upon a charge
of misdemeanor, by words only, bail to the
amoiml oi t,CM>0/. has been demanded.
" Upon conviction also for such misdemea-
nor, enormous fines, long and cruel tmpnson-
inents, unknown to our ancient Iliws, and
unsanctioned by any new statutes, have <rf
late (and but of late} been too frequently,
and too oppressively infiicted, ami all this, al-
Ihongh by thiv Bill of Rights it is declared
that exrcHsive bail shall not be demanded, oor
cruel and unusual punishments intlicled.
»* If we look to Ireland, we find that ac-
knowledged privilege of the people, to meet
for the support and protection of their a%ti.^
«7] 34 GEORGE UL
«]id liberties, is attempted by terror to be to-
Icco away, by a Jute infamous act of parlia-
.meut, whibt titles of honour— no, but of dis-
honour are lavished, and new sources of cor-
rufition opened, to gratify tbe greedy prosti-
tution of those wbo are the instruments of
this oppression.
** In Scotland, tbe wicked band of power
has been impudently exerted without even
I Jibe wretched foraialilyofanact of parUament,
^lagistrales hiive forcibly intruded into the
jieacehil and lawful meetings of freemen, and
by force (not only without law but against
I law) bavCf under colour of magisterial office.
Interrupted their deliberations, and prevented
their association.
** The wisdom and good conduct of the Bri-
tish Convention at Eainburgb, has been such
l«s to defy their bitterest enemies to name the
I law which they have broken ; notwithstand-
ing which, their papers have been seized^
I made use of as evidence against them, and
umy virtuous and meritorious individuals
we been, as cruelly as unjustly, tor their
rirtuous actions, disgraced and destroyed by
Itufamous and illegal sentences of transporta-
. tioo, and these unjust and wicked judgments
have been executed with a rancour and makg-
nity never before known in this land. Our
i-tespectable and beloved fellow citizens have
^■heen cast^ fettered, into dungeons, amongst
I Telons in the hulks, to which they were not
|«ntenrcd.
" Citizens;— Wc all approve the sentiments,
I *nd arc di: tng ihe words, for which
'.these our r< and valuable brethren,are
kthus unjustly' ;uid inhumanly suffering. We
loo associate in order to obtain a fair, free, and
[»full representation of the people, in a house
lofreal national representatives : are we also
WiUing to he treated as felons, for claiming this
I our important right, which we are determined
Ifliever to forego but with our lives, and which
T'liooe but thieves and traitors can wish to with-
^bold from us > Consider, it is one and the
same corrupt and cornipting influence, which
It this lime domineers in Ireland, Scotland,
ad England, Can you believe that those
fiwrho send virtuous Irishmen and Scotchmen,
lettered with felons, to Botany Bay, do not
dilate, and will not attempt to seize the
nt to send us after them ? Or, if we
It cause to apprehend the same in-
^treatment, if, instead of the most im-
snl danger, we were in perfect safety
'^* -«-.-■",. ■,,-.':- ^^. >, , ■ ,,. ^ny
r ho-
ur vlikvcry i^t ouia«lv«o
Trial of David Dc/umie [48
and our posterity ; will you wail till barnw.kj
are erected in every village, and till subbidixed
Hessians and Hanoverians are upon us f
** You may ask, perhaps, by what meaDS
shall we seek redress ?
** We answer, that men in a state of civi-
lized society arc bound to seek redress of their
grievances from tlie laws, as long as any re*
dress can be obtained by the laws- but our
common master wlkom we serve (whose law
I is a law of liberty, and whose service is per-
fect freedom) has taught us not to expect to
eatber grapes from thorns, nor 6gs from thist^
les ; we roust have redress from our own Jaws»
and not from the laws of our plunderers^ ene>
mics, and oppressors*
" There is no redress for a nation, circum-
stanced as we arc, but in a fair, free^ and
full representation of the people/*
" Resolved, — That during the ensuing ses-
sion of parliament, the general committee of
this society do meet dail>', for the purpose of
watching the proceedings of the parliament,
and of the administration of the government
of tliis country ; and that, upon tJie first in*
troduction of any bill or motion inimical to
the liberties of the people, such as, for land-
ing foreign troops in Great Britmn, or Ireland,
for suspending the Habeas Corpus act ; for
proclaiming martiai law; or for preventing
the people from meeting in societies for coiw
stitutional information, or any other innovar
tion of a similar nature; that on any of these
emergencies, the general committee thaU
issue summonses to tbe delegates of eacli divi-
sion, and also to tbe secretaries of the differ-
ent societies, affiliated and corresponding
with this society, forthwith to call a genenu
convention of tfie people, to be held at such
a place, and in such a manner as shall be
specified in the siunmons, for the purpose of
taking such measures into their considera-
tion.
** Resolved,— That the preceding address
and resolution be signed ty the cbairm&ai
and printed and published.
•* J. Maftin, chairman.
**T. Hardy, secretary."
" At a general meeting of tlie London Cor-
responding Society, held on tbe green at
Chalk Farm, on Monday the 14tb of April,
1794, J. Lovclt in the chair,
(The following letters were rcad»]
" To tbe chairman of the society of the
Friends of the People."
** Sir ;— At a crisis so important as the pre-
sent, there needs "" * I.--. ..,♦•- ^i q(
the London Corr. Mi-
dressing itself to aL ^...^- .i..,^,. ;..,-.! ...^,^ucs
who have in view the same object as them-
selves.
*• To the soiicly of tbe rricudj* of the Pco-
pli- fij -uuRnJ- are not w;inilnr> to show tbe
a fuU
! Grc*t
BuUiu. ib€y biive mvcs^ug^ka lae lubjeci
J
m
Jbr High Treason*
§9i ttoDJetvfs; iHe^ have <k paged to the |
iporld ft scries of plaio mid mdiaputahle fkcts, |
irbkll fuuit enclle in the mind of every man,
•tildiipov^ lo hx% t<ni\\\ry, apprehensions
•f ftfafm (or the security- of the xeyt remain-
ta| veiiiges of hberty, Xmni which as Britons
lit derive c« I
^ Dc^ly with considerations of
"'isiUt ■ : I Corresponding Socie*
it lhi!» lime, the con-
.A iLr. .r. u*1v of the
MEmUorili specdi-
IfMllie nm 1 admit,
tOOtnrtcfitioii I cuds ot Freedom, for
r|Kifp«Mir« n^, in a legal und con-
Qjcihodi tt mil and effectual re*
•Owr Is not nmde from the im-
ijgMioii .iioment, bnt af\er the ma-
l«»Hklibtiatj*Ln on the value and import-
Met <iC the object for which we are contend*
*^ , MmI of the difhcitlties we may expect
Iboae who^c pre Hen I in t tresis render
I jj^t.i., i.. *),., ...Jt ,,.> oniit'ir tuuntry,
•• Thi i*crsons is no small
*!' our cause; and
• k ' ni pared w ith their
■ [ - a depravity un-
pBftOeled, ivc ini^ nx liic ptige of histoiy.
•* lloiler llic a^l«picr*ofapo^tate reformers,
%tbive lately beheld serious and alarming
aQ«ichff%rf}t^ on the liberties of the people.
*• Wc ' rj, with finhgnalion and hor-
Mti li»f : and ptateably assembled,
W(nt>a !>y ttnconstitutionai 'powers^ and
•We^ -- ' niir most virtuous
ytlbft has been an imi-
totifiil V !Sso«jia1es, fecnten-
cai to .ion, without the
uf prccedc!nt, of
r one wa^ heh* up in the British
pnt, a% convicted and condemned,
I ! Mjpon bis trial
' Tl>* nipt*> aljo to introduce
\ Uu^^ \uU^ Ibis country, witht»ut the
lOKl of l*»rhameiit, and the intended bill
Bil^'' (lis miijesty*s ser-
\ «»i ully calculated to
iL^i IMF mr f xislcncc even of the
■e t nor can we overlook that
lui u- , • ^* '"rcorniplion. which
nldfi^, ' phmder, a tmia
wmii ^ • society than so
iiiAMkiis, ^'^ed bttsinessisi to
thi firiei) country, one by
• TbeNi mtm gri«vaiices which demand im-
Bcdalc redrew ; and when added to those
m^ vltfch Rfp nt-<c«^*'UF!ly connected with
•ftrjr ' ri of the people,
■ft fc»T ^m of every lover
if l«icv.Hj(jiLry
** iWt mti. are VtM thai the present Is not
te tviw icir rduffTOi and that in novation may
Wm^mm itftoHioiiix* Arc those persons U>
J^p «C llw ptoprr tixue to make a reforoa^
VOL XMV.
A. D. im.
who exist only by corniption ? Are the people
of Britain to endure every thing without re-
pi umg, witbuul ardently seeking a radical re-
form, because disturbances may happen?
Have the enemies to reform told us whence
th^se disturbances aro to orit^iuate ? Has a
*u)^ie overt act been committed by the triends
to iVecdom } Have not all the riols, all the
public disitr' ■ nil the sedilions asseni*
lilies, bc^ti ihc enemies to reform?
-^And do I... . .,.,...; to tell us, that they will
still find other instruments for their wicked
designs, — thai they have yet tboHe who will
act over a^aiii the outrages that have beea
perpetrated in some parts of Dntain, and at-
tempted in others ?
** If such is the determination of these per*
sons, hostile to a fair representation, let them
look to the consemienccs : but let them recol-
lect, that it has nappened, and may happen
again, that those who kindled the flames,
haveperishcd by them.
" The Friends to Reform, are friends to
peace ; their principles can be promoted only
ny peaceable means ; they know of no other
method of obtaining the object they desire. '
But, they will not be alanntd by the threats |
of venal apostates; they wiN not drawback,
because they have seen some of their best |
friends doomed to exile. They will pursue
the course in which they have begun, and
turn neither lo the right nor to the left,
•* Convinced, as the London Corresponding
Society is, that as there is no power whicn
ought, so there is no power which can finally i
withstand the just and steady demands of ft j
people resolved to be free; ihey will, there-
tore, look with confidence to the determina- ^
tioUj and, they hope, lo the co-opcraticn of
the soriety ctthe Friend-i of the People, ia
the altiiinnienl of an object which involve*
the dearest interests of society.
"Convinced, also, that their intentions are
of the purest kind, they will never stoop to
answer the calumnies of their enemies; but <
will, at all limes, and in all circumstances,
endeavour, by firmness and perseverance, to i
deserve the countenance ana appr<jbation of ^
the best Iriends of their country, the friends
of a fair representation of the people of Great
Britain. 1 am, Sir, —lor the Londoa
Corresponding Sociciy»
<* April 4. 1794. Thou 4^ Hardy, sec.^
" CmmitUt Hoowi*, FHtk Street,
'* April nth 1794.
** Sir ;^ Your letter of the 4th insUnt, ad-
dressed to Mr, Sheridan, Chairman of the
Friends of the People, was laid before the
society, at their meeting on Saturday last :
and they inslrnried their committee to thank
tlie London Corresponding Society for their
communication, and to express the alarm
they feel in conmion with every friend of h-
berty, at tlie late extraordinary proceedinaj
of governmput, so ably delaileiL Jvnd so juwjfl
reprobated by your society.
U GEORGE IIL
" They assure you, lUat all the Friends of
Refortt]^ may look wilh coutidence to the dc«
tennlQatioD and CO opemUun of this society^
ill every peaceahlo and cunslitutional mea-
sure, which shall appear to them calculated
to promote the object of their iDSlitution ; but
t^ey do not think that which is recommended
in your letter, is likely to serve its professed
purpose. Tliey fear it sv\\\ furnish the ene-
mies af reform wilh the mean^ of calumnia-
ting its advocates; and so far from forward-
JAg the cause, will deter many from coun-
tenancing that wliicb they approve: For
these reasons, the Friends of the People mual
decline to scifd delegates to the convention
proposed by the London Corresjiondin^r So-
ciety : At the same lime, they renew their
assurances of good will, and desire of pre-
serving a proper understanding; and cordiality
among all the friends of parliamentary rc-
fornij no Iw ah 8 lauding any difference of opi-
nion that may occur^ as to the best method
of accomplishing It. In name, and by order
of the committee.
" VV. B a ETOK, chairman,
"To Mr. 71 Hardy, sec. to the Lon-
don Corresponding Society.'*
" The fol lowing resolutions were then passed
Uttimmoudy :
*' Resolved unanimously,
Ibt, "That this society have beheld, with
ming indignation, proportioned to the enor-
mity of the evil, tiie late rapid advances of
despotism in Britain ; the invasion of public
security; the contempt of popular opinion,
and llie violation of all those provisions of
the constitution, intended to protect the peo-
ple against the encroachments of power and
prerogative,
^d, " That our abhorrence and detestation
have been particularly called forth, by the
late arbitrary and flagitious proceedings of
the court of justiciary m Scotland, where all
the doctrines and practices of the star-cham-
ber^ in the times of Choites Ist, have been
revived and aggravated, and where sentences
Jiave been pronounced, in open violalion of
all law ana justice, which must strike deep
inlo the heart of every nmn the mcluntiholy
conviction, that Brilons are no iongcr lr*re.
3d, " That the whole proceedings of the
Jatc Britisb convention of ihc people at Edin-
Vurch, arc such as claim our approbation and
applause*
4lh, "That the conduct of citizens Mar-
[ guot and Gcrrald, in particular, by its strict
[ conformity with our wiahc5 and instructions.
and the ability, fairness, and disinterested pa-
liiolism which it so cnuncnily displayed, has
inspired auenlhusidsm of zeal and attachment,
' fvhich no time can oblilrrate, and no prosecu-
rcmc»v<»;and thai ^c will preserve their
c>i engfuven on our heatrls, till wa have
ft opiwrttniity to redress their wrongs.
5tli, '"^ Thai any attempt to violate those
jcmaiiiuig law*, which are iiitcnded lor
Trial of David Dcmnit
the security of Englishmen, against the tyran-
ny of courOf and minister*, and the corrup-
tion of dependent judges, by vesting in such
judges a legislative or arbitrary power (such
as has lately been exercised by the court of
justiciary in Scotland) ought to be considered
as dissolving entirely the social compact be*
tween the English nation and the governors,
and driving tiiem to an immediate appeal t#
that incontrovertible maxim of eternal justice,
that ihe safety of the people is the supreme,
and, in case of necessity, the only law.
6lh, " That the arming and disci phning in
this country, cither with or without the con-
sent of parliament, any bands of emigrants
and loi eigners, driven from their own country
for their known attachment to an infamous
despotism, is an outrageous attempt to over-
awe and intimidate the free spirit of Britons;
to subjugate them to an army of mercenary
cut throats, whose views and interests must
of necessity be in direct opposition to those
of the nation ; and that no pretence whatever
ought to induce the people to bubmit to so
unconstitutional a measure,
?tb, '* That the untonBlitutional project of
raising money and troops by forced benevo-
lences (and no benevolences collected upon
requisition from the king or his ministers,
can ever in reality be voluntary, and the equal-
ly unjustifiable measure of arming one part
of the people against the other, brought
Charles the First to the block, and drove
James tlie Second and bis posterity from the
throne; and that consequently mmietcrs, in
advising such measures, ought to consider
whether they are not guilty ol high treason.
£th, ** That if lis society liavc beheld wiik
considerable pleasure, the consistent respect
which tlic House of Lords displayed for their
own constitutional rules and orders, on the
fourth of the present month, upon the moboa
of earl Stanhope, conccniing the interference
of ministers in the internal government of
France, and that it is the firm conviction of
this society, that this circumstance, when
j^ropcrly detailed, will have a considerable ef-
fect in convincing the country at large, of the
true dignity and utility of that branch of his
majesty's parliament.
Vilj," *' Tliat the thanks of this roeetlne be
given to earl Stanhope, for his manly ano^ pa-
triotic conduct, during the present session of
parliament, a conduct which (unsupported as
U has been in the senate, uf which he is sa
truly honourable a member) has, together
with the timely interference of certain spU
rited and patriotic associationt^ been never-
theless alrcacfy productive of the salutary ef-
fect of chasing the Hessian and Hanoverian
mercenaries from our coasts, who,but for these
exertions, might have been marched ere this
m to the very heart of ^' i fry, together
with others' of their n, to have
peopled the barracks w*,m.ii tvtry where ia-
iult the eyes of Kritons,
lOib, '♦That It is the firm cojivicti^n ef this
SSI
Jbr High rraiioii*
libm, tliAi ft sieftdjr persererance in tlie
MaKbald aiid energetic teutimcnts which
Ittft Itlely been &vowcd by the friends of
I cmnnot fail of crowQin^ with ulli-
pk the virtuous cause in which we
itnce, whatever may be the in-
vpiDion of hereditary seDator^, or
llMi}0HriUes of pretended rcpresfDta-
truth atid liberty, in an a^e so en-
Ii|blc]>ed MM the present, must be invincible
mi iMBiii potest/'
" Ttib sodety having addressed Mr. Mar-
mtA^ their delegate, an address to] Joseph
UcifBld wft3 n^ as follows, and carried una-
ihBOtialjr;^
' To losefih Gerrald, a prboner, sentenced
f Mgh court of jusliciary of Scotland, to
tSliAD bevond the seas for 14 years.
iTe behold tn you, our beloved and res-
pded 5iei3d kud fehow-citizeo, a martyr to
tk§ glorious cause of equal representation ;
Md «e cmnoot permit you to leave this do-
fvtdsd eoniotry, without expressing the infi*
■its oliiintioc»s the people at large, and we
ill pirtkiuar owe to you, for your very spi-
liild esotions in that cause upon every occa-
^bm ; ImiI upon none more conspicuously than
dviag the attting of tltc British Convention
^" I pec^le St Bdinbur^h^ and the conse-
Mding (we will not call it a trial)
' of the court of justiciary.
" W© know not what most deserves oar
aiadaHk/Of the splendid talents with which
Jon are to eminently distinguished, the ex-
illid ^tftucs by which they have been di-
ted«d| the per^verance and undaunted firm-
Btitimlch ^ou so nobly displayed, in resisting
the Wfooga of your insulted and oppressed
OBVBtiy, or your present manly and philoso-
[ ibfleriog, under an arbitrdT)', and, till
L iinproccdcnted sentence, — a sentence,
_/llie niQist ^ndictive and cruel that has
I pmonttced, since tlie days of that most
i and cver-lo- be- detested court of
_jiberv the enormous tvranny of which
I int Cliarlcs his head,
lyoUy&nd to your <^aociates, we feel
• eso^t deeply indebted. For us it is
larr - the sentence of trans-
, the vilest outcasts of
^» ihatyou arc condemned
I ^'? shores of New Holland,
, h4>wcTt"r, we doubt not you wdl expe-
ooQMitenible alleviation, by the re-
^of th&t virtuous conduct for which
il ii InpOied ofi you, and by the sincere re-
fB4 and Mteem of your fellow citizens !
'^Ibt Ci|ual hiws of tills country have for
Mllieeo the boa&t of its inhubitants;
tsiUier are itiey now rted ? We are ani-
by the same sentiments, are daily re*
t Uie same words, and committing the
■iBt artiotM, for whkh you are thus infa*
WMaK lid we will repeat and
ttBiWMt have obiaiQC'd redress ;
t«t are uii^'uuiiuvii j eithcfi tbereft^re, the
A, D. 1794. [31
law is uqjust towards ynu, m mi^icting pu-
nishment on the exertions of virtue and ta-
lents, or it ought not to deprive us of our
share in the^^lorj' of the martyrdom.
" Wc agam therefore pledge ourselves to
you, and to our country, never to cease de-
manding our rights from those who have
usurped themi until, having obtained an equal
representation of the people, we shall be ena-
bled to hail you once more with triumph t>
your native country. We wish you health
and happiness, and be assured, we never,
never, shall forget your name, your viriues^
nor your great example*
" The London Conesponding Society.
*'T, Haedy, secretary*
" J.LovETTj chairman.
April 14tb, 1794."
*' It was also unanimously resolved :
"That the commillee of correspondence
be directed to convey the approbation of this
society, 1st, to Archihald II ami I ton Ho wan,
prisoner in tlie Newgate of the city of Dublin ,
for his unshaken attachment to the people ^
and for his spirited assertion of their rights.
2. " To John Philpot Curran, lor his admi-
rable and energetic defence of A, H. Ho wan,*
and the principles of liberty, as well as for liis
patriotic conduct in parliament.
3* ** To the society of United Irishmen In
DubUn, and to exhort ihcir. to persevere ia
their exertions to obtain justice for the people
of Ireland.
4. " To Skirving, Palmer, and Muir, suffer-
ing the same iniquitous sentences, and in the
same cause with our delegates.
5. " To John Clark, and Alexander Reid,
for their so readily and di?sinttresledly giving
bail for our delegates, ini-tigatod thereto solely
by their attachment to hhtriy, uninliueaccJ
by any personal consldcralion,
6. "To Adam Gillieb^ Malcolm Laing,and
James Gibson, for their able assistance given
to Joseph Gerrald, at the bar of the high
court of justiciary at Edinhurgh.
7. ** To felicitate Thomas Walker f of Man-
cbester^ and tlie people at large, on the event
of his, as well as several other late trials, and
on the developement of the infamy of a sys-
tem of spies and informers.
8. ** To Sir Joseph Maw bey, for his manly
conduct at the late surreptitious meeting held
at Epsom in Surry,
'* It was also unanimously resoh*ed,
" That 800,000 copies of ttie proceedingi
and resolutions of this meeling be printed and
published.
" J. LovETT, chairman.
"T. liAunr^ secretary.
"Hcsolvcd, That the thanks ofth is meet-
ing be given to the chairman for his manly
and impartial conduct this day.
** T. Hardy, secretary."
• See it^ ant^ Vol 99« p. 1066.
f See his tnal, mU^ Vol 33, p. 1051.
U] U GEORGE IlL
Lord Advocate. — ^Tbb is s printed Icilcr^ [
iwom to be found in Hardy's possession^
algned T, Hardy^ secretary to the CkirrespoEi* |
ding Sotiery-
" Citizens I--' The critiral momrni i* ar- '
rived. and Dritons must either assert with xeal
I mud firnmcs^ their tUims lu tiberty, or yield,
without rcs^ivtance, to Uic chains that minis-
lerial usurpnticm if. forging for Ihein: — will
yo\i CO optTiile with u*. in the only peaccahle
measure thiil now presents \iitU\ with any
ptosipect of success ? — we need not intimate
10 yon thjit, notwiihstntHling the tmpardlleled
audacilv of a curn*j>l und over-bearing faction,
vrhich at present tramples on the rights and
lib-Ttk-^ uf ihe people, our nieeiings cannot in
Kngluiirl he inlcrmpled, whhoul iiie previous I
adoption (fa convention bill ;— a measure it '
is our duly w anticipate, that the ties of union I
may he more tirmly drawn, and the nenli- i
iwents and views of the different societies
throughout the nation be compared, while it
is yet in out power, so as to guide and direct
the future operations of the Friend* of Free*
dom. House, then, to one exertion more,
and let us »how our consciousnefis of this im- I
|)ortant truth,— If wc are to be beaten down •
willi threats, prosecutions, and illegal sen- ,
lence*, we are unworthy, we arc incapable of i
Jibcrt^ ; we mui^t, however, be expeditious ; '
Hcssfau** unci Austrian!* arc already among i
US; and if we tamely submit, a cloud of these !
armed barbarian I may svhortly be poured in
upon us ; let us form then another British
Convention. We have a central situation
in our view, which we bdicve would be most
convenient for the whole i?»land, but which we
forbear to mention (cntrcatinE your confi-
dence in this parlicuhir), till we nave the an-
swer of the societies with which we are in
correspontlent'C ; let us have your answer, then,
by the 'JUth at t'drtliest, earlier if possible,
whether ^ -"^ac of the measure, and how
tnany t\* i can send, with the num-
ber also j! I L ol' your societies. — We re-
main yours^ m civic affection, the Londcin
Corresponding Society.
"T.Hardy, secretary.
** For the management of this business we
have appointed n secret committee; you will
judge bow for it is necessary for you to do the
fame."
George Btm sworn.
Xorrf Jdvacute.—MT. Ross yoti wcrt ifi the
Cjazettecr office ? — Yes.
Di> you know of any society or club meet-
ing in your house, in Jririiiiifv, February, ar»d
March last, after » i jn of the Uritish
Conrrfitt«?n *— t ' ' was a society of
pi-i'
' jptionP-^I have heatd
it ' uauiiUt: ut t luun, or MimothiDg
ot
• rsoDt lliat Mpeatod to you
t£> nuoittaV^tlW ncffOBm who
ca Lij^ utt:i V 1^ I acre was a Mr. Watt, a Mr.
aiockf aotnetimes.
Trial of David Dawnie
[56
Who was Stock ?— 1 believe he i*ai a Stu-
dent. There was a Mr Downie.
Wa* that the man at the bar ?— Yet,— and
Mr. Donthrone^ — I do not know iha exarl
number that met, they met several limes.
Whs ii»erc ever a larger number met than
these four?— I believe there wa^ a larger
number; but, as I said before, if there were
two com niit tecs, the amaller coram itiee met
with the lareer, i sunpoie.
Then am I to unaersland there were two
commiLteef^?^-! cannot he certain of that,
because 1 did not belong to any myself
Did you ever receive any printed letters
from a society calHng themselves the London
Corresponding Society?— Did yuM ever re-
ceive h-om the London Concspduding Soricty
any written or printed letters? — I never did.
Did you ever receive from any person whatf
ever, letters of that kind ?— To the best of my
recoilcction I received one from Mr. Stock .
That you mentioned before ? — Yes,
Do you know the import or fiubject of il^
— From the import of those letters, I saw Ihe
purpose was to tend them to societies in tho
countr)'. I accordingly did so.
Look at that,^is that one^-^That is olMOf
them.
Is it your hand writing?^! think it i».
Look at the address ?— -As far as 1 know
that is one that I sent
r>o you sec the post mark upon it ? — ^I sea
threepence here, the price of postaite.
Did you send any to Tcrlh ?— That is tha
one I sent to Fertlu
Any other towns ?— To four towns ; Perth,
Paisley. Slruthaven, and another place.
£iirl/ AflvfKdH, — This is addre5*?cd to Mr*
WttUer Miller, Perth ; the words arc these io
his liand : ** show this to your friendSj and
send an answer to George Hoss, Liberty-court,
Fxlinburgh; nothing but ready money sub*
scriptions received.
H'ifnfw,— The post mark is March 6lh or
8th.
It was about that time you received them
from Stock ?— To the best of niy knowledge
I received them from Stock; 1 do not partieu*
larly remember wliat time.
Where did you receive them from him } — I
suppose in my own house; I cannot be ccT*
tain.
Do you remember what time ?^ do not
remember the time, but it was from him I rc*
ccived them.
Mr. i^uthn ^\ have no questions to ask
this ti ;<riioner has.
(The 3 he luid no quesLion t0
aiky.
W linen (to tht lord Advocate).— Am I «t
liberty to go away after this t
Lord Advocut§,—''Sov at present ;— I do 1
Mieaii Io keep you a moment longer here T
is absoltrtrly ntcciaary.
WdlUm Al'Cwfcfcm swoin.
Mr, 4iKCratf A<r.^Wh«l ire jrtnt t^A wriUc
^T High Trcamn*
ITfre jrou one of the Frienib of the People ?
yriti know toy iHinij of a comtuillee,
ilcd thrCofxiinitteeOf Union?— I know very
fiuic iilnjut It— ii eitslied eoine lime btfare I
w%» a mnnbCY of it,
Wrrr you a member of it ?— Yes, I was ; I
vi^ ibcTC IJOC1?, t»T twice, I believe.
Upon wh*i occusion were you elected ? —
vns, — tt young rai*n of the name
^ ] net] to be a member of
>,ti»rbance4 al ihe Thea-
vet to keep the peace,
r for liim to do tJiat bn-
; , ii me. I said I thought
iuit my convenience, but I at
b»i aceepteil it.
Tpofi thin person being bonnd over to keep
lb» p<K«« yoii %t last accepted it ? — Yem^ Bir.
Iflwi wftt Ihit commiltee to do?--! never
L what it was to do^ but I unders^tood
tit bft m uiiioD of ail the societies in £din-
it to do? — I understood it was
niea&ures Ibr calling another con-
co-ojitrate with the Commiltee of
for forwarding the money.
Wbo were members ? — There were a great
Do yoa rejiiember any of them ^ Was the
'ftineaiber of it? — Yes, I believe he
Too iiid, yot} under¥<tood it waa for taking
MMttre* for calling another convention -
liiicomneQlioii was it to bef — I understood
Bl&tf Ui I hi" liif^t.
mean by the last ?~The Bri-
" - : abotii the Com m i 1 1 ee
rlu^t? — I understood the
r^ to l^e for the purpose
1 the first place, to pay
Hi] in the next place,
turpose, and those
[IS ; and in the next
e, tM««^i«i4 luuiiiiy to (support the dete-
^ ^ that new convention ; that is what
.-.-ilood,
> j\M know where the convention was to
rl!— No, I do not.
Waa it io be in Scotland or England ? — I
frtn England ; 1 do not know.
_ e not Ike delegates to do something
lieaiiles re/f -■"- money? — It waa to
pBbir eoDtimer imderstand several
fBMQi^^i' ft^«i ..-11 about the reform ;
iMbe wiabr rrsai suftVage, and un-'
^oal^fTiai li'^rs thought it a violent
lii ' was to consider about that
^---, It could be obtained*
• X^ntf ^i^ij«%itic — Were you a collector?—
>l, ! wii««
the other collectors, to
i>d»of the People to col-
puiKjti?, or waa there a particular
il^ed^— There was a particular
IgM la tl»iD, but it was oot un*
jidi.
A.D. 1794, \b%
derstood they were cotifined to it ; it was ac-
cording to the place where they hved.
Was it by dividing the districts?— It was
to be the New Town, the south side of the
town, the Lawn Market, and the Canongalc.
To whom was the money lo be paid ?*-l
do not know, it was to be accounted for in
the committee, and they were to appoint some
persons.
Who were to appoint them ? — ^The collec-
torf ; and I understood they were to be re-
spons-ible for money paid.
Whom were they to pay it over to? — It wai
not mentioned.
Who was treasurer? — I understood Mr,
Downie was treasurer.
Was he treasurer to the cororoittee, or col*
lectors ?— He was treasurer to the whole.
Do you know a man they called John Fair-
Icy ?.^Yes,
Was he a collecter? — ^Ycs, be was.
Was he distinguished from the other col* I
lectors by any ap)>ointmeut ? — I came in one
ni^ht, and they were met, and I went out and J
left them; they wished me much to be in |
when I came into the room, they told ma
they had been doing some business % that
John FairleY had been appointed a convener!
I was a lillle astonished; 1 said nothing, and j
they were to give in printed papers for them
to collect money.
Why were you astonished ? — I was a litde
a»toni^hed upon his being appointed a penn^i- J
nent convener. ' J r
Was he to be changed every week, ofj
month ?— 'I know nothing of that.
W hy did you use the word permanent ;— It !
was oi'ily that he was to convene us, and sit 1
always.
Sit always,— for what? — As convener.
Were you at the British Convention the
night it was dispersed? — Yes, I was.
Who dispersed it ? — It was the lord provost, 1
What did the lord provost do? — He asked '
if this was the Oritish Convention, and the J
president said it waa.
Who was president f— I beUeve it wai
Samuel Paterson.
Tell uf what the provost said?— *The pro-
vost said, he could not allow any such tw^et* j
ing to be held, and he desired the presidenf I
to leave the chair; he said he could not pro-M
perly leave the chair, without the permission |
of the convention ; but as he had got leave I
before that to leave the chair, he was jiisl go* I
ing, and he would go ; and a call was toi;|
some other person to take the chair, and Mr.' j
Brown, of bheffield, took the chair.
Lord Adtocate. — Recollect and tell Brown'!
situation; what did Brown say to the nro%'o«t/J
or the provost to him ?— Brown ^aia, as he
was appointed by the unanimous voice of ihef 1
convention, he could not leave it without!
leave of the convention; the lord provost!
said, he must leave the chair; he had beei^I
deficient, he said, in his duty, or he would
have didpersed them before. ' The lord
1
vost said the proceedings were seditiowt ot in-
flammatory ; and Brown said, the publica-
tion of their prucef dings tended to show
that their meelin^s were of a constitutional
nature^ and Ihcy Kept open doors to every
person that chose to come ; the provost said
lie must leave the chair ; he &aid he would
i^ot do it, without superior force. Skirvin^
observed, he could not leave the chair, and
ihey would not allow themselvci* to disprrse
without force ; it was agreed they sliould cull
in their force, and we should file oft' to tlie
©thee side of the ball ; but Ihe constable came
jn^ and the lord provost pulled Urowu from
the chair. Some person moved ^ as they had
been dispersed there, they should go to the
C'anongate Mason Lodge.
Did you go there ?— Yes.
What parsed there ?— A vote passed there,
that we were permafieut.
How Jong did you sit it the Canongate^
sfter you voted that you were permanent ^ — i
Not long.
How came you to separate then? — We
thought it unnecessary to do any thing more
that ni^ht.
Did you join the ConvenlioQ again after
thai? — No, tt was many mouths after that.
Were you there the next night in the
suhurbji at a wright*s shop there? — Yee, I was.
What happened there ?— The sheriff came
m and dispersed them.
In shorty the same thing look place that
night, as took place the day before ?— Yes.
Was any declaration made there that you
had voted yourselves permanent the night
beforei in the Caaongate? — I canaut rccoK
Icct.
Mr. AnstrtUher. — How long were you one
of the collectors ?— Eight days or a fortnight.
Where did you meet when Faulty wa* pre*
aidcnl ? — At George Ross's.
Where did yuu meet the next meeting? —
The next meeting %vas proposed m Phiups's
house.
Philips was a collector too, was not be ?— -
Yes.
Did that mn " nlace? — No.
Why did noi n^ lake place ?— It
was on account o I .\jr- >v,iit,iind Mn Downie
bemg apprehended; it was. thought the peo-
ple would be afraid to come, on the seizure of
some of the books of the society*
Cross-Examination.
Mr* ClerL — Y'ou were a mimhcr of tbc
Union Committee ?— Yes.
You say Downic was treasurer of that com-
mittee^— I heard he w*a8 Ireasurcx for the
whole of the Friends of the People through-
out Edinburgh; I could uot say for that
committee.
Do you know any tliing about his appoint-
ment?—No, it is only report, I have only
been told it by some person*,
^ ou do not know it of your own JoM^*
ledge I — ^No.
You have heard it only ? — Yet*
You were appointed collector ?— Yes.
Explain the nature of collector, ai you un-
derstood it? — As I understood it, that night
there was ^ letter given in that Mr.
had resigned his place, and desired some
Other person would take it, and it was^uc
upon mcy and with some hesitation I agreed
to it
What did you understand the duties of your
ofBce to be P — I mentioned that it was to pay
the debts that were due by the convention.
You were to collect money for that pur-
pose?— ^To collect money tor that purpose.
Did you collect any money? — None.
Had you any access to know tlie sum of
money collected for that purpose? — No, I
know notbmg about it.
PriMoncr. — Did you hear any thing about
a hhrary? — I cannot recollect that, but I
think I heard something about it mentiooed.
Mr. Cltrk,— About what? — ^Aboutahbrary,
about pohtical publications.
Wiliiam Binning sworn. i
Mr, Amtruther. — You were a member of
the Water of Leith Society, I believe, Mr,
Binning ?— Yes* sir.
Where did Ihcy meet at the Water of |
Leith I — I was not at the house, but some-
times I belonged to a Friendly Society.
How did the Water of Lctth Society call
themselves ? — A Society of the Friends of the
People.
Did they meet any time in December or "^
Januarv last? — I could not charge my me-
roary, i dare say they might meet some time.
Did they meet soon alter Che British Con*
vention ? — No^sbout 3 weeks or a month.
You were secretary ?— Yes, or cterk rattier.
With whom did you correspond? — WcdiJ
not correspond with any society, unless it was
by sundry delegates^ what they call a Com-
mittee of Union.
What wa« that Committee of Uobn? —
It was for carrying on the business of re-
form.
How matiy delegates did you send to that
meeting ?— 1 think there were S or 3*
Who are they i*— One M'Ewwj.
What is M'Evyran's first namc?'^rlhur ;
Robert Orrock.
Whttl is Orrock?— A Smith-
What is M*Ewan ? — A weaver.
Who is the other?— William Ferguson.
Whfit was the reason of your choosing these
delegates ? — To carry on the matter of He-
form, by way of petition to parhament.
What was youi reason for choosing them at
first? — It was for corresponding.
Did it come into your own head, or did any
boiJy bid ^vour— No, we chose them so that
we could correspond wit' --ly to obtain
a reform in parliament <i.
That was the way of w^...^^ ,,, Uy petition ?
—Yes.
Who fir*L f ropo:.ed to appoint these dele*
Jot High Triason,
p««?— NwLckdy in pairUcuUr, we thought a
Wm ii:«re do letter carat to you about it ?
—No
Wtui propo^d it in the commitlee first? —
'"' 1 not remetubcr.
^ Did jTuu itver bear of such a thing as a col-
lects? wbsi wais the coUcctor lu do?— He
1191 to mkc the «cnse of the Frietids o( thu
iVafilc aad it the people he lipoke to thought
|fp0|ier to give any money in support of' the
c^tite, Of ilefVay the expenses of nuch as auf-
(bed to support of that cause, such as Skirv-
mt. 10 gilber money.
Uiii jmic) guther any money in your society ?
" ?*•
lore? — About a penny a night,
hm v4:mj give any thing to M'Ewan P —
AllOQt tU.
Wbtl irms he to do with it ?^IIe \vn^ to
pie ii 10 tlie delegates that were to be chosen
|t€OlivcQLioD some where I did not know*,
I were to distribute it to Mrs. Skirving,
fifcesupm that stood in need of it ? — Yes, sir.
Wia it a* he liked it» or a Commtltec of
Vmm wotild like it ? — It was the Committee
fjr t7niofi, 1 suppose, but we gave it to htm
ittcajiy tl there*
lit «ra» to cftrry it to the Committee of
Ctsonf— Vcs.
i be was to pay it to the treasurer of the
lofUmon? — Yes.
Do yo« know who was the treasurer ? —
Tlii was one of the name of Downie.
|09 jou know hira ? — Yes.
you hear w*hat he was described to
whftl his triide was?— A goldsmith, I
low these eolleetors, when were they cbo-
Vftfrilf — Sume tune in March, I fancy : I
leally charge my memory ; hut I
I it was some lime in March, I am oot
\ in the time.
ktw yixi quite sure there was never any
Idler or mcs5ap;e sent to you about choosing
ti«e delegates T»I am notcertain, I am sure
I mman recollect.
tM TOtt ever see any printed papers, called
• I^moasuetital principles'' ? — ( am not sure.
mpidfounrer see that paper f~It was*' Fun-
Btal principles,''
I did you see it? — It came to the to-
r «oe otght.
I taw such a paper In the society, but
jpU know where it came from ?->-No.
: el that, and see if you know where
mm from } — I think I saw this in Ar^
Uw lI'lMUi'i^ I am not ccrt^u.
Ko Crosa-Examinalion.
flTils WIS t letter fiom the Committee of
Vii|ri «0d MeAns that he looked at, but it not
W»K jrct proved^ it was not remd ]
Arihur M'Emnn sworn.
! —Where do you live?— At
A. D. 17iH-
[69
Wert there any societies there f— Yci.
Wert you a member of any society there ?
— Y>*.
What was the title of that society ? — It wat» i
called the society of the Friends of the People.
Did that society send any delegates to tlie
British Conveuliou ? — Ves.
Were you a member yourself P^Yes.
Did that society contmue to meet after the
British Convention was dispersed? — Yes, it
met after it was dispersed.
W-4S there after that time, tmy oilier com-
mittee chosen to which your society sent de-
legates ? — Yes.
what was it styled?— It was styled, in
the printed paper, the Committee of Union*
Were you a member of that committee? —
Yes, the society appointed me to attend that
committee as one.
Who were along with you?— I think Mr,
Orrock and Will jam Ferguson.
What is Urrock J^-llc is a blacksmith.
lie lives at the Water of Lcith with you ?
— At the Dean*
Did you ever attend meetings of the com-
mittee ? — Yes.
Where did it meet ?— At George Ross's.
At any other house ?— Not the Commillee
of Union.
Was there any other committee, ofwhkh
you were a member, chosen from that?—*
There was a sub-commit lee.
Who were members?— Mr. Watt, Mr.
Burke, Mr. Downie, Mr, Aitcheson^ Mr.
Stock, Mr. Bonthrone, and myself*
Seven in whole ? — Seven.
Had that committee any other title than
the sub-committee ? — It had no name to my
knowledge, but in the printed paper it was
called the Committee of Ways and Means.
Be so good as to inform us what the chief
object ot It was ?— A fortnight after I belong-
ed to the committee, there was a letter read
by a bi^ man ; he said he had received it from
Mr. Skirvmg ; the contents were, that the
Friends of the People were in his debt, and
he hoped they would pay it up, and do every
thing they could for his family, as he was go-
ing to leave the country;— to assist to pay
that debt, and assist Mr. s^kirving, if he stood
in need.
Were you there any other nights ? — ^Yei,
other nights; 1 found it was for other pur-
poses, by a paper that Watt read.
Esplam what purposes? — It appeared to
me it would throw the country all mto confu-
sion, and spill the blood of our felbw crcjw
lures, from the paper he read : the contents
run thus : that parties were to seize the lord
justice Clerk, and the rest of the lords of the
sesBions, and the lord provost : and parties
were to be stationed at the Luckcnbooths, and
the head of the West Bow, and parties were to
make a fire at the excise olFicc, to draw the mili-
tary from the Caslle ; aod, when tlie soldiers
came by the lop of the Bow towards the I^ick-
cnboolh^, they were to inclose [Uvm, und par-
6S]
54 GEORGE III.
Trial of David Dcnmii
[64
ties were to seize the banking liottses in lown»
and appobitcomnrissionen to go and demand
the cash from them — ^that was the substance
of the paper, as far as I can recollect ^
Who were present at that meeting?--8tocky
Watt, Downie, Bonthrone and I.
Was it a stated meeting— a usual meeting ?
—Yes.
' What do you mean by parties ? parties of
whom ?— I cannot say by whom it was to be.
Whom did you understand by the word
parties? — I suppose Mr, Watt drew it up,
and he supposed the country was to rise to do
such a thmg ; I could not understand it any
other way.
Were the people of this committee, if they
approved of that paper, to have some com-
mand ?— I knew not a man that was to do
this.
Not a man ?— Not one, man or men.
You mistake my question ; you told us it
was proposed that parties should be put at
different places, the jLuekenbooths and Bow,
tu secure the soldiers wheu the fire appeared
at the excise office ; who did you understand
the parties to be ? — I could understand it no
other ways than the Friends of the People.
' Now, what was done by that committee
upon this plan being read by Walt ? — I ob-
jected to the plan ; I said I by no means
would agree to any thins that broke the
peace, or shed the blood of my countrymen ;
and Mr. Bonthrone seconded me, and said,
'< no, do not do no such thing,^
Did Downie say any thing ?— Not that I
remember.
Did Watt?— No.
Did Watt ever read any'other paper relative
to that subject, or show you any other paper?
— He read another paper another night.
Was that a committee night ? — Yes.
Who were present ? — It runs in my head
that Mr. Downie was present, but I cannot
be positive.
Was it a committee night? — It was.
Was Stock present ?— No.
Was Bonthrone ?— No.
Aitchcson ? — ^No.
Was Burke?— No.
Lord Advocate, — Then Downie must have
been present ?— I think he was present, but I
cannot be certain of it
Now, what was the import of that paper
which, at the second meeting of the commit-
tee, Watt read to you ?— -The purport of that
letter, as far as I can recollect, was this— it
was a copy of a proclamation to all farmers
and dealers in com and meal, and hay, not
to remove the same from their respective ha-
bitations, under pain of death.
Anything else? — Also, for gentlemen of
the country not to remove from their several
habitations, above the distance of 3 miles, un-
der pain of death;— there was likewise an
addr^ to his present m^esty to dismiss his
ministers, and put an end to the war, or
else he must expect, or abide the conse-
quences.
Did any body say any thing upon the sub-
ject of that paper ?— I said it was not a paper
agreeable X6 the plan of reform, and I hoped
I should never see the day when such a thing
should take place.
Do you recollect that Downie said any
thin^? — I am at a loss to know. I said be-
fore I do not know it is a fact that Downie
was there.
Mr. Anstruther. — You collected some mo-
ney at the Water of Lcith society ?— Yes, I
got 15s. from the secretary.
Who was it? — Mr. Binning, he was secre-
tary to the society of the Water of Leith.
Whom did you give it to ? — ^To Mr. Downie.
Why did you give it to him ? — I was in-
formed he was appointed treasurer ; for that
reason I accmmted to him.
Did you pay it to him as treasurer ? — Yes, I
did.
Do you know a lad of the name of Fairley ?
—Yes, I have seen him, I am not well ac-
quainted with him.
Is that tlie Downie that was the treasurer ?
[pointing to the prisoner].
Lcfrd Freiident.^ls he the person that was
present when the first paper was read ? — Yes.
Mr. AnstrtUher, — Do you remember seeing
Downie at Georf^ Ross's? — ^Yes.
Was that a committee night ? — ^Yes.
Who was there?— Mr. Downie, Mr. Walt
and me; I cannot remember whether any
more were.
Where did Fairley come from when he
came there ?— He came from the west coun-
try.
Who sent him to the west cotmtry ?— I do
not know — I cannot say who sent him.
About what time was this ? — I cannot po-
sitively remember ; I think it might be to-
wards the latter end of April
Baron jVorfon.— Can you tell how long it
was after this plan was read? — Some little
time after— I cannot positively say.
Mr. AntirtUher. — Did you see any body pay
Fairley?— No, I did not,— 1 saw Fairley lay
down 15s. upon the table, and he was oraered
to take it up again.
Who ordered it ?— Mr. Downie.
Why ?-*-He laid down 15s. upon the table,
and said he had it for a parcel of pamphlets,
and he left the 15s. and Mr. Downie bid him
take it up a^in.
Did he bid him take it to himself? what
was he to take it up for ? was it for his trou«
ble ? — I cannot say positively, but 1 took it
to be for his trouble.
Was this at a meeting of the committee ?—
Indeed was it.
Did Fairley say any tiling about Paisley ?—
Yes, he did.
What did he say ?— He said it was in a state
of great readiness.
What did he mean by that?— I do not
know what his orders were, I could put no
construction upon it
You put some construction upon IX in your
65]
for High Treason.
own mind ? — I thought it still carrying on the
cause.
Did you ever hear any body talk about
anniug? — No.
About the Friends of the People arming?
— Ko.
Mr. Solicitor Genera/.— Mr. M'Ewan, did
YOU ever hear Watt mention any thing about
t commission from Perth to procure arms ? —
No, I never heard it, but heard him say to
Onock, 4,000 were wanted.
Was Downie present when Walt said he
had a commission from Perth? — I did not
bear Watt say he had a commission, but Watt
said be had 4,000 to send there.
Was Downie present? — No.
Ur.dnMirutker. — Did you see any of these ?
I pointing to the pike heads upon tlie table.]
aw one at Mr. Watt's. I was going upon
some private business.
Do you recollect when Mr. Watt was taken
up f — I cannot positively say.
Did you ever see Mr. Downie after that ?
-Yes.
Where did you see him ? — lie called upon
me at my own house.
Tell me what passed between you and
Downie? — ^I had been before the sheriff, and
Mr. Downie called up to ask if I had been
examined; I said, yes; he desirifd to know
«hat questions I was asked ; I said very few
—that was aU. I only asked what was done
with the money ; the answer was, he save
put to Brown, and part to Martin Todd for
printinz.
Did Ee bid you tell that to any body ?— No,
l-e did not bid me tell any thing of the
kind.
Did he bid you not tell it ?— As far as I can
RooUect what he said was, if he was called
\:ym, he would say he did not know me, and
it I was called upon, I was to say I did not
know him ; I said, by no means, I would do
00 such thing.
Did he say any thing more ?— I remember
DO fartlier conversation taking place.
See if yon can recollect what he said about
Brown amd Martin Todd ?— He said he had
oven money to Martin Todd, Smith, and
Taylor and Brown, for printing of papers : I
Slid that was not the meaning.
Did yo!i know before that that Brown had
?n any money?— No, it was some days be-
kn that he had called upon this Robert Or-
rock. at the Dean, and the two went into my
hm^*- together, and I happened to be at a
*oci*-ty meeting that night; not thinking of
any person there, I went in, and heard Brown
*ay he was employed by Mr. Watt, and paid
b' Mr. Downie; I inquired no farther into
t£e conversation, I was just out of the door.
Did you ever hear any thing about another
convention ? — No.
Now recollect yourself, whether you ever
beard of any other convention that was to
meet? — ^I do not remember any other con-
vcalioa that was to meet
VOL. XXIV.
A. D. 1794. f60
But of the Water of Leith Society?— Not
sir.
Mr. Solicitor General. — Did you ever hear
Downie say any thing of a letter he received,
or Watt received from Perth ?— All I remcm*
her was, Downie saying he had received a
very spirited letter from Perth.
You entered into no farther explanation
about it ?— No.
Did Downie or Watt mention any thing
more about it.? — ^Downie read the letter that
came from Perth.
What was the letter about?— It was about
Mr. Miller in Perth.
What was it? — ^They had some meeting,
and after the meeting he was carried before
the magistrate and examined, whether he
had made a practice to sell them to the
Friends of the People ; he said he would sell
as many as he pleased.
Was it soon after this you heard Downie
say he had received a very spirited letter from
Perth P— I cannot positively say.
. Mr. F(/!rtcAer.— You said Watt read a paper?
—Yes.
Did Downie receive notice such a paper
was to be read P — ^I got none, and never saw
it after that night.
Does it consbt with your knowledge any
other members got it ? — ^I cannot say.
You never had any conversation with Mr.
Downie upon the subject?— Never.
Jury, — ^You said before, you had been in-
formed Brown and Orrock were to be em-
ployed by Watt— what were they to do ? —
Brown and Orrock were employed by Watt.-
What to do?— To make some pikes and
things of that kind.
Mr. Anstruther, — When Watt read the
proclamation, it was not at the same time he
read the plan, I believe ? — No.
Mr. Fletcher. — Who took the chief lead in
the Committee of Ways and Means ? — As far
as I can recollect, I never saw a man put pen
to paper there but Mr. Watt and Mr. Stoke.
Mr. Clerk. — Had you any conversation
with Mr. Watt or Mr. Stoke about it after-
wards ? — ^No.
Did you never mention a syllable of it ?—
No, sir.
Mr. F/e^cAer.— Now, do you believe in your
own mind, that Downie ever meant to carry
into execution the project in Watt's paper ?
— He never said a word to such a purport, as
far as I remember.
PrisoTirr.— [by Mr. Clerk] Whether after
leaving the committee that night, when Watt
read his paper to seize the Castle antl judges
and so on, the prisoner said any thing, in
going homewards along with Ronthrone ?— ■
I cannot remember as to that, but ho said
nothing at the time it was read.
It was after leaving the committee in ?oins;
home with you and Bonthronr .?— 1 rimnot
say, I cannot give an answer to it.
Did you go home with him ^^ -I jm not
certain.
F
67]
34 GEORGE m-
The question is> whether you went home
■with him that night, and whul couversalion
passed ? — I can D 01 recollect*
Jury.— It does not appear whether Downie
aod Vtatt employed Orrock, or Wall otdy.
Whether Downie and Watt employed Or-
f ock, or whether it was Walt only ?— Watt
pah.
Lord Preside nt.-^Did you say Downie paid
Lim ? «— It was Brown 1 heard say he was
employed by Watt, and paid by Downie-
That was by a resolution of the committee ?
—By no means, it must be a fabiicatjon of
his own, as far as I know.
Mr. Clerk* — Did he aeem tahave a serious
wish this plan should be put in execution ? —
^s to his wish I can say nothing about that ;
fts far as I could recollect, he seemed to in-
terline some part of the paper.
Did he ask the coromittee-s opinion upon
k ? — No : I thought he had done, and I spoke
those words, I oid not approve of it, and
Bonthrunc backed me. As soon asl tliuught
it was doue, I said I would not, by any means^
do any thing to disturb ihe peace, or shed the
btood of my countrymen; and Bonthrone
said, by no means.
Tnis never came on again ? — No*
It never was resumed again ? — No,
At any lime after it was read did you un-
derstand it an object the committee was pur-
suing ? — No ; 1 never understood it, for Mr.
Bonthrone opposed itnceatively, and said be
would agree to no such uiing,
Bajron Norton, — I thought you said that
TOU supposed that Fairley, in what he had
Wen doing in the west country^ had beca
doing something relative to tliis plan? —
1 wished to give do opinion ; if I was to
ive an opinion, I woula look upon it in that
ghtf but I know nothing of his reason for
going thcre»
Mr* Clerk. — ^T'hcn you only speak of your
own suspicion? — I would not wisn to give my
opinion.
' .Mr, Bonthrane aworl
Lttrd Advocate. --^WUtTC did you commonly
reside before you were taken into cu&tody ? —
In the new town of Edinburgh.
' Before Whitsimtide,wherc?— In Broughton.
Do you know of the British CooventioQ
Win» dispersed ? — Y'es^ my lord.
Were you a member of any society at
BrouRhton or theNc w Town ?— At Broughton.
Did your society send delegates to thai
convention ? — Yes*
After that convention was dispersed, did
your sociciy continue to meet at all ? — I b©-
I Iicve it dtd for some short time.
Do you know that it did ? — Yes» my lord.
Was there any other committee or convco-
tioo, to wtiich your society sent delegates
•flcr that ?— Yes, my lord.
What was the name of ihalmeetlDKlo whlcb
your sodcty itnl dobgilM t^tht Comoiittcc
oJ UoiotL
I
[68
meet? — At
7Vml of David Do^ftie
Where did that committee
George Koss*3.
That is the Gazetteer-office ? — Yes.
Do you know it to be the Gazetteer-office ?
— It is George Ross's house ; it was said to
be the Gazetteer-ofiice — the Gazetteer-office
is a separate pkce from the house.
Where is it ? — South Bridge.
Do you know a place called Liberty Court?
— 1 know of no such place.
Did you ever attend any of the meetinga
of that committee ?— Yes.
You were a delegate from the Broughloo
Society ? — Yes.
Do you know David Downie^ a goldamith
in Edinburgh ? — Y^s.
Did you ever see that man in that commit-
tee; see if you can find him out now?^
rihe witness looks at the prisoner]. Tcs, my
lord,— he is there.
Did you understand him to be a member
of that coiumitLce? — I understood every per-
son pref^ent to be a member.
At what time did the committee meet oc-
casionally?— I do not recollect the precise
lime.
Were they usually meeting about the time
you were taken into custody ? — 1 know no-
thing of it ; I had led the meeting a moatb
before I was taken into custody.
Did they continue to maet when you gave
them up ? — Yes,
What month was it you gave them up ? —
About tlie'niiddle of April.
Was there any other committee you had
occasion to know any thing about, besides
this Committee of Union? — Yes, there was
another.
Tell the jury what it was?— It was styled
the sub-couimittce.
Of whom did that committee consist, and
who chose it? — They were chosen by the
Committee of Union.
Were the members of the sub-committee
all the members of Uie Committee of UnioD ?
—Yes.
That is to say, the Sub-committee were
chosen a prmdpal committee ? — Yes,
Tell the name of that Sub-committee, and
who those individuals were ? — They consisted
of seven, my lord.
Nante them, if you tan ? — Aitcheson, Burke,
Stokc,^
What was Sloke?— do you know his pro*
fesaion, bb business?^! heard he was a slv^
denA*^M'£wan, Watt, Downie, and myself.
TIkat same Downie?— Yes^ thiut same
Downie.
Where did that Sub-coounittce meet? — la
thai same house.
Ilad you stated nights of sieclijig at thst
commlitec ?-'Ye8, once a week.
Did you ever meet in Wntt*shoiiscf — ^Yes,
Did you ever hear any oth<*r n^une eivefi
that Sub-committeev cjicei>i "^mj?
— I have beard of ooothc-i did
xigt know it; I undccstood it unoci mixi wjtsu^
GSf] M^W Jar High Treason.
What was that olher name yon heard of? —
I read it in a printed paper caikd the Com-
mit Lee of Ways and Means.
And where did you see that pEfer that
called it the Committee of Ways and Means?
** If saw U in the sheriA^s office : I vf2s »howo
il.
Did you ever see that paper in manuscript,
iNsfore you ^aw it there ? — Yes, I saw part of it.
And where did you see it?— In that com*
mittce, of which I was a member.
The circnlar Iclter? — It is called the regu-
lations.
Is ihat like the paper to which you are
alluding F^Yea, begin ning Fundamental Prin-
ciples of the Society,
Did you ever see any other printed paper or
manuscript? — Yes.
Wliat paper was it? Do you rememher the
iroporl or aubstancc or tenor of it?— I do not
recollect the substance, but if I see it^ I know
it.
See if you have seen that in the Sub-com-
loittee. Look at it?— Yes, sir.
Is tlial the paper you saw in manuscript? —
Y'es, part of il; it has perhaps undergone
iome corrections since it went to the press.
Was Downic in company when that paper
s proiluced ? — As to that 1 am not positive
lether he was or not.
Did any of the members leave it before
you left it? — Yes, three leftil before me.
Three before you? — Yes.
W*ho were iliey ?— Ailchesoo, Stoke, and
Burke or Burt.
Did the other three continue to attend ? —
Four, my kird, as I believe I was a week
after.
After whom ?— Th«re were just three in it.
Who was the man that left it immediately
before you ? — Sloke, my lord.
Was Iherc cvtr any money collcoted by Ihat
society ? — Why, yes> we collected a few pence
every evening, in order to defray the ro43m
expense.
Was there any money collected in the so-
detieSy and dvcn to you in that committee,
or to any of the members of it, to your know-
ledge ? — ^I remember once» a very few pence
that I carried to that committee.
From what society ? — From the Broughton
Sode^.
For what purpose was it carried ? — To de-
fray the expense in printing such papers as
these.
Was no other purpose held out in your so-
cietyt for which money was collected ? — I do
not recollect any other purpose, my t^rd, I
remember there was an account owing to Mrs.
Skifving, some demand she had; I suppose
ibe wouJd get some : I do not know she jg^t
any, but a demand was made, or proposeato
bcjEiveo in.
Did any body act as treasurer to the com-
mittee ? — ^There was no treasurer chose.
Did any body act as treasurer to that com-
BUttec to your knowledge ?^Mr. Downie was
D- nn.
[70
ordered to take up a few pence ihat was over
the money due, and I suppose he look up
any money that came to hand^ but was Dot
chosen treasurer.
Do you know any thing of collectors, or
people of that sort ?— I was entirely^way from
the committee before these collectors bad
any meeting at alj.
Did you know they were appointed .''—Yes,
I have heard they were appointed*
Was it in a committee ?— No.
AVas it in your society that you heard it, or
fromany metnberof your society ? — They were
appointed I suppose by the societies.
You only suppose it — do you know it?— I
only speak from my own knowledge.
Mr. Amiruther, — Do you speak from your
own knowledge ?^Ycs, my lord.
Do you know what the duty of those col-
lectors was, or the purpose for which they
were appointed ?^ — I Know little or nothing
at all about the business, because I left
them.
Do you know a little about it; even a little
— tell nothing but what you know?— I be-
lieve it was to see and collect a Jittle money ;
to send a delegate to England, upon any emer-
gency, if I recollect welH
A delegate to be sent to a convention, if
any ? — Yes.
There was no such eonvention before you
left the committee ? — No.
State to the jury, if you recollect, what was
the reason of your leaving that committee ? — -
I ^ve a statement of that the otlier day.
Mr. Anstruthcr, — Those gentlemen did not
hear you.
Lord Advocate. — ^Tell ua nothing but what i»
true. — I wish not to say any thing untrue. — I
gave one reason for leaving it, which was my
removing to another quarter of the town to
teach. X gave no other reason to the com-
mittee, though I had two other reasons, one
of which was, that I thought 1 evidently saw
matters coming to some very great length,-
and that I tiiought I could not remain any]
longer; the other reason I would not choosal
to advance; it is a simple thing, but delicate ; J
it is not respecting the committee^ btitthaf
peace of my own family, my lord. i
I do not ask you about that?— These ara^
aU tlie reasons I had.
You stated you saw things were going ft
length you did not approve, and theretorc
you left it? — ^Tbat was one of the real rea-
sons.
Had you any particular reason for forming^
that opinion ? — Yes I had.
Be so good as to tell tlie jury what it was ? -
—It was a paper that J heard read by one of ^
the Sgb-committee.
What committee?— One of the Sub-com-
tnittec.
Who were present at the meeting of tha-
Sub-committee ivhen this paper was read ?— •
Sloke, WaU> Downie, M*Ewan, and I.
As far as you recollect, what was the iaoL«
71J
34 GEORGE III.
Trial of David Dotonie
[72
port of that paper ?— Which of those persons
i«ad that paper ? — Watt
At far as you recollect, what was the un-
f)rt and substance of that paper?— My lord,
can say very little about the substance; it
raised such a panic in me, I could not sit to
hear it ; I can say veir little about it.
But you must say that little, and you must
say it to the jury.
Mr. AnstnUher, — ^You have sud you recol-
lect little of that paper, it put you into such
an alarm,^now tell the gentlemen what that
was ?— 'It seemed to me, the little I did hear
of it, it seemed to have a kind of hostile ap-
pearance that alarmed me.
Can you recollect what word was in it that
had an hostile appearance P — It mentioned, as
a supposilion, if a number of men could be
collected together for certain purposes.
What were the purposes ?-— If I mistake
not, it was to alarm the soldiery in the Cas-
tle ; that was one thine that struck me in it.
How were they to alarm them ? — I do not
positively recollect, my lord.
What do you recollect ?— That is part of
what I recollect.
What more do you recollect ; give us the
other part of what you recollect ? — I think it
was to seize the guard-house.
What were they to do when they alarmed
the soldiery in the Castle ?— I do not remem-
ber as to that: I think the excise-office. —
What was said in the paper about the excise*
office ? — I do not rememoer a word that was
said about the excise-office, but only to seize
it and the bank.
To seize any thing else ?— I recollect no-
thing farther.
Do you recollect that any body was to be
seized? — Not one.
Were any one person or persons to be
seized ? do you recollect nothing about the
magistrates of Edinburgh being mentioned ?
— I do not. I do not recollect one name being
mentioned.
Were any magistrates mentioned of Edin-
burgh?—I do noC recollect.
Lord Fretidtnt, — Was any thing said about
taking possession of the Castle, or seizing the
Castle, or any thing of that kind ? — If I mis-
take not, that was the intention of the sol-
diery being brouglitdown from the Castle, but
I eannot he positive whether that was really
mentioned or not
You were alarmed ?— Yes, my lord.
The plan alarmed you?— Yes, those things
that I have mentioned.
Wliat did Arthur M^Ewan say after the
Elan was read ?— If I recollect well, he said
e would by no means go on with any thing of
such a nature.
What did you say? — I answered, no, by no
means ; if I recollect well, tliose were the
words I used.
The thing which Arthur M'Ewan said he
would not go into, was the Hune thing to
which you said, no^ no ?— Ye* - *^* no meansi
if I well recollect.
Did any body else say any thing about that ?
— ^I do not remember a word iarther spoke
about it.
Do you mean to say, no more was said
about it ? — ^No more was said about it
What became of it after that? — ItwasifS:''-
mediately placed in a press, in one comer of
the room.
Who were they that were to be collected to
do this?— As to that, there was no person
named, nor place from whence they were to
come.
Who did you understand were to be the
people to execute this? — I was naturallv led to
suppose, my lord, it was meant to be done by
the Friends of the People.
Jury. — ^Where was this meeting held, when
this paper was read?— It was at Mr. Watt's
own house.
Was this upon a committee night ? — ^No, my
lord.
What night was it then ?— If I mistake not,
it was a Thursday evening.
For what purpose did the committee meet
that night? — For the purpose of writing a letter,
if I recollect right.
Now whom was that letter to be written
to ?— I think it was to Mr. Hardy in London.
What was the letter about? — I have en«
tirely forgot; it was an answer to a letter
they had received, but I never had it in my
hand.
Was it about a Convention ? — I never had
the letter in my hand.
Was it a prmtcd letter, or a written letter ?
— I think it was a printed letter.
Is that like it ? Did you hear it read. — Yes.
[The Circular Letter, signed T. Hardy, shown
the witness.]
Is that like it ?— I think so.
Mr. Amtruiher — ^This is a letter upon which
the committee met ; it was a special purpose,
you said before? — ^Yes.
What other conversation was there at that
meeting ? — If I recollect well, there was no
other business for them that evening.
But there was some conversation ? — As to
conversation I remember none, my lord.
Was there, or not, conversation about arm-
ing ? — Not a syllable, as far as I recollect
Was there any conversation about an inva-
sion ? — I remember not a sentence but what I
have told, that passed that evening nor no other
personal conversation.
Do you recollect whether that answer was
or not agreeing to tliat letter ? — I do not recol-
lect.
You wrote an answer.^ — An answer was wrote
that evening.
Wlio was to carry that letter to Hardy ? — ^Was
it to ^0 by post? — ^No, my lord, it was to go by
shipping.
It could not go to the ship without some-
body carrying it— it could not find its way to
the ship ? — I do not know who carried it.
In the committee, was there any partiodar
person pitched upon to take it to the ship?—
There was a person pitched upon to lake it
73] for High Treason.
Wbo was it ?— Mr.Stoke.
What was it in answer to ?— It was, I recol-
lect weUy an answer ' to that letter you have
shown me.
Where did you go afler you hadlefl the com-
mittee ?— We went up the town a little, and
taok some small refreshment, as Stoke was
a2K>ut to leave the place in a day or two.
Who went up the town ?— All the members
that were present.
Where aid you go to? — I take it, it was a
public bouse ; I never was there before, nor
since.
What part of the town was it ?— It was up
above the prison here.
Do you know Forster's Wynd, or Liberton's
Wynd ? — It was the wynd above the gaoL
Did you ever hear of a woman called Mrs.
Mason? — ^Yes.
Was it there ?--Ye8.
Did you ever go there again ? — ^Yes.
Had you any conversation about this paper
with Mr. Watt ?— Not a syUable.
You bad do conversation about it going up
thestreet?— No.
Had you no conversation with Mrs. Mason
iboutit? — No, there seemed to be a stranger
there ; there was a stranger that just came into
our company, a little after we were met; at
least he was so to me.
I think jTOu said you were very much alam>-
ed by hearing this plan read, Mr. Bonthrone?
—Yea.
And you gave as a reason, because you
duMght It an hostile paper?— Yes, it had the
appearance of it.
Dki you determine to continue in the society
tfler t^t, or did you determine to leave it after
that? — I determined to leave the society after
that ; in a day or two after I came to a full re-
sokition.
Did you take any stepa^for announcing that
ftsolutioD to the public ? — Yes, my lord, but I
did not put it in execution.
Now what did you do ?— I intended to adver-
tise, but there was a circumstance in my own
conduct that prevented roe.
What did you mean to advertise ?— That I
wished to drop all connexion with it.
Did you write a few lines ?— Yes.
When did you write it ?~That same week
tint I left the committee, towards the end
ofiL
This was a Thursday ni^ht this meeting was ?
—Yes, my lord, but notwithstanding that I re-
solved^—
Mr. Anstnttker. — ^The meeting was on a
Thursday night, and you wrote your adver-
tisement sometime in the course of the week? —
I think it was.
You are sure you wrote the advertisement
whhiD a few days after the meeting you have
been talking of ?— I believe, my lord, it might
be the following week.
Was it within a few days ? — It was.
Waa what passed at that meeting your rea-
mifer writing that advertisement? — Yes,
that together with other circiuistances.
A. D. 1794.
[74
Read this, and tell me whether that is the
advertisement you wrote ? — ^Yes, my lord, it
was wrote on the Monday evening ; and I
thought I might as well go back on the Tues-
day, and take my leave of them, which I did.
Was this written the day it was dated ? — ^Yes
or I have mistaken the date.
[Papcrread.] '' Mr. Bonthrone to the pub-
" Brougkton, April 31. I William Bon-
throne, teacher in Broughton, a new chosen
member of the Committee of Union, in March
last, and sub- committee ; but, for reasons of
weight with roe, declare, tliati have dropt adl
connexions or communications with said
committees. Wm. Bonthbone."
What did you do with that? — I just laid it
by, as there was a circumstance^ —
I am asking you about that paper ; you
laid it by; did you keep it yourself ?^- Yes.
Did you keep it till you were taken up ? —
I suppose I was perhaps 6 or 7 weeks Uken
up before it was sent for by one of the officers ;
they went to my house ; they got my key ;
the sheriff ordered me to give my kev.
Was it in your house tmtt it was found? —
Yes.
Did the sherifiPs ofiUcer bring that paper ?—
Yes.
Now, you say that paper was written on a
Monday, and you went back on the Tuesday
to the committee ? — ^Yes.
You went back to another meeting of the
Committee ? — Yes.
What did you do there ?— I do not remem-
ber any business that evening.
Did you take leave of them? — Yes, my
lord, I took leave of them, and took leave of
the society of which I was a member.
Did you take leave of the committee and
the society? — ^Yes, both in one week.
Was it the same reason that made you leave
the committee as made you leave the society?
— I gave Uie same reasons.
Had you the same reasons in your own
mind? — Yes.
Do you know a lad of the name of Fairley ?
—Yes.
He is a friend of your's ? — Yes.
He lives at Broughton? — Yes.
An intimate acquaintance of your's ? — Yes.
Mr. Anstruther. Tell me your reason why
you did not publish that advertisement? —
The reason was, because I met with the lad
Fairley, and wrote two or three lines to him ;
and after he went away, he found fault with
ray conduct, because I had left all the com-
mittfcs.
What were the two or three lines about?—
It was to Mr. Watt; I directed him to ad-
vance a few shillings to him, as he was going
to Falkirk to i»ee a sister ; he told me he had
some commission to take.
From whom '—He did not mention the
person.
Who was the commission from?— Mr.
I Watt.
I Who else .'—No other peisoiu
34 GEORGE IIL
What money was he lo get ?*— Purely out
t>f friend si iip.
What money was h be was to advance
him? — I do not recollect, it was a few shil-
lings; which he was to account for on his
return.
Whose money was it? — I suppose if there
was a few shillings in Mr. Downie's hands,
Mr. Walt could give il him.
How wa^ money to come into Downie's
hands?— If there was a few shillings over.
Over what? — Over what we collected for
defraying other charges.
Then It was the committee's money he was
gel? — I sup pose 1 1 so ; I did not understand
lie was to give it out of his own pocket.
Had Downie the keeping of the coromit-
itee*9 money ?— For any thing I know.
Do ntil you know he had it ? — Yes, my lord,
lie had it formerly.
While you continued a member of the
immittee, Mr. Downie had the money? —
iYeSj my lord»
Why was the committee money to be ad-
iced lo the lad Fairley ? I suppose you did
not advance the committee's money to any
unless tlicy were upon your business, — why
was it to be advanced to Fairley ? — It occurred
to me, if Fairley was going to take a commis-
aion from Watt^ he would a^k for a few
I shillings*
^^ Was Fairley going upon the corarailtee'a
^Bftusincss, or Watt's private business ?— I never
^Hlekcd him ; he never told me*
^H How came you to desire the committee's
^^^money to be advanced for private business of
^^BWatt's? — I only desired, as he was sending a
^^^Veomrnission with him, that he would advance
^' a few shillings, to assist him upon his journey,
for which he would account with him.
Why was he to account with Watt, he
ihould have accounted with Downie, — what
money was it you meant he should advance
to Fairley, was it his own money or the com-
mittee's money?— My idea was, it was the
committee's money, iHt was the committee's
business, but that I did not know, he did not
say it was the committee's money.
Do you know if the money was paid to
Fairley ?— I do not know tliat Fairley got a
shilling of it. —
Did Fairley ask you to write again lo Watt
or Downie tor money ? — No.
You never went back to the committees ? —
No, nor no society ; there may be an tneon-
aistency of taking leave of tiiat society and
committee, and writing that line.
Then there would have been no incon-
sistency, if tiiat hne had been about your own
private busmeas ?*-No.
Look at that, tell me if you know any thing
about tliat ?— [showing a paper],— Yes, my
lord,
Vrwi tt-i-^fiWfci tlia» '— YeS.
N tliat from ?— I took it
<r ,, drawn by Uie committee
of liiiioDi ftt ieast a copy that wis diAwn in
Trial qf David Datimie
til at committee was given to mc, and I drew
that from it.
What did you do with that copy ?— If I mis-
take not, it was read in the Brougnton society,
and went from that to another society.
Did you do any thing in the Broughton
society in consequence of this.^ — Yes, tny
lord, there were 2 or 3 delegates chosen, tu
attend the Committee of Union.
Which was the Committee of Ways and
Means ? — ^The Sub-committee*
Whom were they chosen from ? — They were
chosen from the Committee of Union.
How often were they changed ? — The Sub-
committee?
Yes. — ^l*here was no change during my stay.
Was it an open or a secret committee ? —
There was none of them, committees or sub-
committees, open to any one that appeared,
unless they were members.
Was the Sub- commit tee a secret commit-
tee ?— I know oothmg about the name secret
committee.
Was it so in fact, did you let any body in
but yourselves ? — We never all met but one
evenm^, except the first*
I ask whetner you ever let any body into
that committee ?— Any persons that had any
busmcss*
What sort of business ?^Such as a letter to
give. Any body that had business with the
committee came in*
You know what a secret committee means,
do you ? — I do not know what you mean*
But you know what the wortls mean f — Just
such a committee that wishes lo have their
business in secret or private. I mean we had
always our door shut, and no perhons came in
except they had business.
And the Committee of Union was the
same ?— No persons attend, as far as I know
of it, but merabers.
Did you ever hear of such a thing as col-
lector ? — Yes.
Were Uiey for dislricts, or divisions of the
country? — I suppose it would rather be io
numbers.
By saying you suppose, do you mean that
you understood it was to be in numbers ? — Ye^
£ suppose so.
You may as well drop the word suppose ?
— I use the word suppose, because I am not
altogether certain.
Look at that naper, did you ever see a
paper of that size? — 1 have seen that in ma-
nuscript.
Where did you see it ?— I think il was in
the cnmmitlee, when it was wrote*
What committee?— The Sub- committee.
You said, you never all met but once ? — Ye^
my lord^ viz*! he first evening.
Was It on the &ra cveniiig when yo*J saw
that paper ?->That was neither the brst Dor
second*
When was it?— >I do not fecollect the
eveniog*
About wliat time was ilf-^l suppose it
wi
Jot High Tftasonl
A, D. 17W.
[78
Rfiicv
would be abcHjt the fint of Marth^ or there-
•bon^, or April, I thiuk.
Now, in who^ liaiid^ did you see that ma-
nuscript P—Mr, Stoke' s hand.
Wad k written in that committee ? — Yes^
mv lord.
XVho was there when it was written ? — I do
Dot recollect the members ttiat were preisent ;
I outnot recollect^ some oft he members might
V« ;ib^ent.
Which might be absent P^I do not know
who were abseot.
Wt5 it a full meeting, or small meeting? —
' ' fotir ; there were three gone.
ey could not he gone before you saw
ke write that paper ? — I suppose three were
IBDe — two gone, I mean.
00 T04I remember whether the other five
wffc there that night ?— I am not positive.
Was Arthur M*Ewan there ?— He was ab-
n: two utghta.
LHow many times were you at the Sub- com-
I t^i cannot answer to that,
[Wcte you there 10 times? — Perhaps I was
» the half of it.
_THten you were there 4 or 5 times \ — Pos-
wititf I waii.
By po^ibly, you think you were ?— I am
0^ ^* to the number.
be one more or less ? — Yes.
\ou arc sure it mi^ht not be 10 limes ? — It
h uu|)0^ible it could be that, owing to the
ttlBe of my leaving ir.
Till me whether Mr Watt read it?— I do
til,— if I recollect well, there w&s no
thai night, except the answer to
Was this paper read in the committee ?—
WbH l»a» said about it ?— I know nothing
aaj farther than it was wrote, and
|wa* to take the management of it.
[ Wild was to take the management about
I-- About what?
_^Thr Irttrr ^ hich was to go to Han3y, the
fifcraUo^it the Fencibles? — I know no more
than I saw it when it was wrote.
DmI ntibodjf say any thing about it in the
ONBifiitlee } — t do not remember a word,
► Wa» rt a public paper of the committee, or
IprtTate tiling of Mr Stoke's own? — Mr.
* ! Woujght It into the committee.
i ptopik do tiny thing in the committee,
t Hi* 04mimittcc's business?— No.
when Mr, 8toke was writing that
r, ami wtun li*» ri^ad it, It was about the
= ?— I have told every
S
aboiti:
ly.my
Lwbcn
«lMih« I
'Ewan wa^ a I'
U>c con !
to be writing that
'9 business ?--Cer-
• f imagined it was pri-
** in the committee ?
^ ni|E;ht ? — I cannot
s noi, but I think
need, if Burke
ftvmy^ and Vv atwn away and MEwan
they]
not there, then the committee only consi&„
of Walt, Downie, Sluke, and yourself ?— -Ye
Now Stoke was there ? — Yes.
Was any body there besides you and Stokel
— ^Yes.
Were you and Stoke alone ? — ^No, my
I do not think that.
Was anybody there besides Stoke?— The:,
were only two remaining. I am not positive'
What do you think about it ? — I think "
were present, I cannot say for certam.
[The paper read.] This paper is dated, Etli
burgh, 5th of March, 1704.
**The general committee having met, C.
Stoke appointed preses, and citizen Uoberti,,
secretary ; the business commenced, by form
ing a plan of organization for the Friends of
the People in Edinburgh ; citizen Walt pro-
posed to recommend to the diU'erent societies
to choose a permanent committee to sit onc«i
a week; and that they should be a committee'
of 7 to l>e empowered to transact the hu
ness of the Friends of the People; the coi..
mittee to report to the dift'creut societies ; anu
that tliis commiUec recommend to their dift
fcrent societies to choose two or three me
bers for the committee to meet onTuesi.
next, at 7 o'clock, and that they choo&e tSa^
Sub-committee to sit the same evening, and
report to the General Committee."
BJr. Clerk. — You spoke about a paper that
alarmed you much; did you hear such a
paper was to be read, before you went to the
committee that night? — No> I never heard a
ward about it ; the pajjer was just laid by, and
not a word said about it.
it was taken up by Watt, and read ?— YesL^pJ
and then laid up by Watt. jIH
Did you conceive it a proposal made by^"
Watt, for the adoption of the committee?
No, my lord, 1 never viewed it in that
hght.
Inwhathghl did you view it? Was it a
scheme to be put in execution by the com-
mittee?— I dare say, that committee never
would have adopted such a scheme.
I think you said M^Ewan expressed his ab-
horrence at tlie scheme, and you expressed
yourself much to the same purpose ?^I said,
no, DO.
Did you understand these expressions, as
consistent with the opinion of the rest of the
committee ? — As to tne expression, the rest of
the committee did not express approbation or
disapprobation.
Was it a scheme proposed by llie com-
mittee ?— I never looked upon it in ihatligh'
or that it was read with that view ; I kne
nothing of whether Mr. Watt wrote t1
paper.
Did you conceive it merelv as matter of
curiosity ?--I rather considered it as a kind of
phrenzy, my lord.
Did any of the members of the eoromtttee
express any approbation of ihe scheme?--^
None that 1 tecollccl. i
Had yoa any ccnver^fttioQ with Dowtu«
►n or
om-^J
igh^f
neni^H
79]
34 GEORGE m.
Trial qfDaxM Dtmiie
[80
about it ftf\erwanls?^Never ft syllable, as far
I recollect.
Can you affix any reason for that ; for not
conversing with the committee about this
strange paper? — I never was in the committee
but one time aAer ; I never saw Mr. Downie
after, but one day I passed him going to
chuich. I never saw Mr. Downie after that
evening.
Who took the chief lead and direction of
the business of this Sub-committee? — Mr.
Stoke and Mr. Downie wrote any thing they
had occasion to write.
Mr. Afutruther.-^MT. Stoke and Mr. Dow-
nie wrote any thing they had occasion to
write? — ^No, not Mr. Downie.
Mr. Stoke and Mr. Downie you said. — It
was a mistake.
Who was employed by the committee ? — I
do not understand you.
Was Downie an active member of the com-
mittee ? — He was a member.
Did he interfere much in the management
of the business? — No, not anv further than
taking[ a few pence that was brought to the
committee, but never kept any book as I
know of.
Was there much money collected ?— No,
my lord, while I remained there was not.
Could you give a name to it ?^I could not.
Was there 30«. SOf. or 40s.— I could not
give it a name, my lord, on no account.
Was there 100/. collected ?— There might
not be 100/. for me.
Mr. Downie took the whole that was col-
lected?—Yes.
And paid for the room? — Yes, I under-
stood so.
Had you any book ?— No, no book.
No minutes ? — ^No minutes, my lord ; there
was no preses chosen, nor no minutes.
Do you know, from your own personal
knowledge, that Mr. Downie received any
monev at aU?«I know of my own personal
knowledge, that I have seen Mr. Downie take
up a few pence, and jot it down to pay for the
room.
Have you seen any money paid by him ?—
Yes, a few shillings.
Can you tell what was paid to him ? — It
was impossible forme to tell.
I ask you what you know from your own
knowledge ? — I have said I have seen a few
shillings paid in at the time.
And that is all?— Yes.
Mr. AfutnUker, — Were you present at the
Sub-committee on the first of April, do you
remember ?— My lord, I cannot recollect as
to the day, it is impossible.
Do you know Mr. Downie's hand- writing?
— I do not recoUect his hand-writing ; except
in the shcrifPs office, I never saw him write
down what he had, he jot that down for a
fewpence.
Mr; CUrk^^You, say the cause of your
alarm was, they were to cany Ihinss to an
extraordiDaiy length; do you think Uiat Mr.
Downie was one of those who meant to do
so ? — I never understood the measures in that
paper were to be carried to any length at all,
out that paper was just to be thrown by and
destroyed; I never understood that was ever
to appear in that committee again.
I thought you mentioned your reason for
leaving that Sub-committee was, you were
afraid they were going to push measures to
an extraordinary lengtn, diet not you say so ?
— I said it went extraordinary lengths, but I
did not think it was to be carried into exe-
cution.
Was Downie one of the people by whom
you were afraid it would be carried to extraor-
dinary lengths ?— No, sir, I never saw any
thing in Mr. Downie, that gave me the least
occasion for any alarm.
Have you seen Mr. Downie ?— Yes, I have
seen him in different committees and places.
What is your opinion of his disposition ? —
I do not know whether it is a fair question,
my opinion about any body's disposition ; I
do not think it a fair question.
Do you conceive Downie to be a man of a
peaceable, quiet disposition? — I never saw
any thing to the contrary.
Mr. CuUen. — Vou haa no acquaintance but
in the committee? — None.
Were you acquainted with him before you
came into the committee ? — No, I once occa-
sionally was with him, I had no acquaintance
with him.
Mr. Baron Norton, — ^Will you tell us as to
that ^pcr that ^ve you so much alarm, that
you did not thmk was fit to be carried into
execution, can you tell what way it was intro-
duced in the committee ?— To the best of my
recollection, our meeting that evening was to
answer a letter that came from London ; I
know of no other business ; it was to be be-
fore the committee that evening; and Mr.
Watt just took this paper from liis pocket,
or from the press, ana read it, and put it
down.
And did not say a word about it ? — No.
Nor why he read it ? — No.
Nor about what he was going to read ?—
He said he was going to read a paper.
Did he say he nad ever shown it to any per-
son before ? — No, my lord, he did not.
Mr. Gardner sworn.
Mr. Anstruther. — Do you know Mr. Dow-
nie*8 hand- writing ? — ^Yes, and I have a letter
in my pocket, which I received from him
when he was in gaol.
Will you look at that, and tell me whether
it is his hand-writing? — I am certain David
Downie is his hand- writing.
Is the postscript?- -I think the postscript
is, but cannot be sure of it
Look at that ?— It ceruinly is ; I have had
so many ^ears an opportunity of knowing his
hand-writing.
You are sure that is his hand-writing ?—
Yes.
fm" High Tnason.
! riffular letter for
J ask Mf* G;irclner
A.iy.im,
[82
uu aluut U.
Cro^s-exantined.
fr, Cn/f^ii.-^Bc so gocKl tu to look lit the
* letter, and see if the interlining: is
^ 1 hand? — U IS hetler wrulf tliaii he
Fte grwerai : it i% not like the subscrip-
liMH 1 bsvr h.'td from him, I cannot say
whctb**f '■ "- '^' ^'^* K», MPs* ii !^ better wrote
tilftnttTi I by hnn.
tl iivvii as oue of
1 i ks t — V es,
r> cu long a member of
itesocictvf — He imi» been Si or V3 years»
lai hu ietn doing business for me j»ince
Wlist Is yo^tr \f\en of his rhsnicter, as a
nn of fcoc^^^ ' ' I iieni? —
0unikeAll 1^ ^ ^o, I
*' ' 111 in inv u\\n trade,
[J temper and benevo*
ever nad tiny opportu-
rirf ill. It was always iu
i> ^. .-.,„„ f4 business,
attmd honest f — Yes.
i heax A ^uod chiiracter tn the corpo-
>? — V««, 1 al ' (I upon him very
btive ia nao:!^ ^ wa uBairs^ as fnr
il can tee.
PU jpoo t^cr know any thin^ to the con-
Bf^, ftity thmg ag&iinst his character? — I
Ipcr hik ciiuse to say he did any thing
J to mc ; Its to hib private character in
potiicr dealing with the world I could ^ay
* fofit
reUr Mai hit f (jeweller) sworn.
Ur. AMMiruiher.—Do you know Mr, Dow-
mi* bttad writk^j; ?^I do.
Toll f»e If that i% it ? This is Mr. Downie*s
T«il wnt if Ibe postscript is (as hand- wti ting
lksllall»«ft t' iuri;?— 'Yes, lUiinkitis.
To« thlnic c^, } tiiink it is ; 1 am
«fliHl lll# * "^ and tl\ft other i^
^y J (The prisoner
m ^^ ;..- ,^i;<.; and tl>e printed
»-— Mt. DiAvnie was asking mc if I
i IS his hand-wriling,
: Iht ^ ' Iter) I said it was not,
r^lj9 ^ou lliiak it id?^No, 1 do
■^tliiiJiJtiA,
Mr. Jame$ Umnter sworn.
lir. AnMiruiker, — You ore a clerk of the
ioik?'— Yes. iir lAXlt,
00 you fi bill for 15/.
pidMilf.l
Wiit Vmnk Hi. iiuutcr/— The Bank of
j^^rnvkft*
I'onlheback
ptcd by Mr.
Is that the receipt of the person that j
the money ? — Yes, it is.
Is it the practice to put if tn that manner
when he r©ceivt?s it?*-To put received above
his name,
You paid that moncv ?— It appears in my
book to have beui paid the ICth of ApriJ.
Does it sippear jt was paid thed^iy it ;»houI^
be?— II does fjol appear.
Out paid 10 Miller 16/.?— Paid 7lh
Number 11. 15/. 7lh of April,
Six days alter date, pay Waller Millar
advised by Wm, M.
To the Treamter ojtht Bank of Scotland.
Indur^d — Pay the witbin to I he urder o!
David Downie,
Clerk of Arrawns, — This letter is dircctc
to Mr. Walter Miller, rare of Mr, Peter Crai^
jkt Mr. Itobert Wbyie% merchant* Ur|[;l|
Street, Perth. Tliis letter is dated, " Edii^l
burgh, 9tlj April, 17Q4,
** Sir, — I would have wrote you yesterdjj
on receipt of yours, containing the bill of 15*
sterling on the Bank of ScoUaJtd; but hj
your omitting to send me your address, waf J
prevented; and finding nobody here wh<|l
could inform me, r^ there are so many of |
your name at Perth, I direct lhi> letter to'thq
care of a person who, 1 was informed, would
not neglect the first opportunity of transmit*
ting it to you, t
'* The committee, to whom I showed your'$
and its contents last night at their meeting,
empowers me to transmit to you, and nil their
friends, their hearty thanks for so liberal a. \
remiltanee, and to assure you, it will be ap-
plied to the most proper ends in view,
** There are no tetters from L. as yet, biif \
you will see in the l^ndon papers mention
made of holding the Convention.
" Wc have had here an aflfray of a very sc-
riotis nature at the Theatre, on Monday last,
the occasion of which was this :
**■ There was a trago«ly lo be performed of |
the name of Charles the first. The plriy be-*
gan, and was going on witli the rrreaiest l»ar-
mony and dec*orum, when some furious .Aris-
totrats, wanting, no doubts to trj' the di sposi^
lion of the people, called out for lh»» tune of
Got! save the king. The tunc was ju^t be*
f tinning, when iin universal hiss, mixed with
amcnlable murmurs, pcrv;ubjd all over the
house; and ttie soii!iof the ftdille were obliged
lo desist, and they played l!>c tune of .Mag'jjy*
Lauder, whirb met with mn versa! ap[>Iause.
The discomfited Aristocrat?*, not knowing
what to do, m order to efiect tlieir ptirposfr,
called in the Fenciblcs in the Cnsile, with
their olhcers, and then desired the royal song-
to be again attempted, when, meeting with
the same treatment as befort, the officers
drew their swords, and the soldiers their in-
struments of dealli, to deter the unarmed
multitude from opposing the aofigof thcit
G
m
Si GEORGE III.
Trial of David Dtywnie
[ftt
llOYal master ; and these heroes wcnl to such
in length, as to cut and maim several people In
I4hc fit, ^'ho refused to take otV Iheir hats as
*the tune was going ou, I am sorry to say
Itliat some of our "best friends have been
[t>ruis€d very severely After the tune was
f over, the play went on as if iiolhmg had hap-
ffcncd ;— none of the newspapers here take
fmny notice of this. We have also a report
; the Fencihles just now in the Frith have
been very tuibulent, and that an armed boat
ivas sent to overawe them, and to reduce
l-thcm to subjection ; and that the Sans Cu-
I iultes liired some balls into the boat, when it
Iftlk ought proper to sheer off- We have re-
l ceived news this day of orders being given to
^ttop the recruiting, and we have some reason
ifo believe it, its it cttnie from one of our
|))aillies.
" We propose to send you a parcel by the
^ carrier. Will you be pleased to 5end us your
address as this comrs to hand. I am, your
very humble servant^ Davio Downie,
" Edinburgh, 9th April, 17D4.
«* P* S. We are happy to have it in our
Lnower to assure you from onr information
Ftrom England, and different parts of Scotland, \
I that the Tate proseculionj*, insieud of retarding
'have atccliTaled the great cause of freedom.
** They have in aifranks created the desire
i of knowledge, of course increased the number
offriends* If we can» iherctore, judge from
.our a&surances, the day is not far distant,
^nvhen the people shall, as the^' should, be Iri-
[ vmpbant over the enemies of our country/'
Mr. AnUruthcr, The gentlemen of the
I jury will understand the body of the letter is
f "V-Titlen by a clerk, or somebody or other, and
signed by David Downie. The postscript is
' writlen by Downie himself.
[Another paper read]*
This begins, " — Sir, Last night at a meet-
ing of the F of the P in Edin-
burghf a motion was presented by citizen
' \\ ihiam Robertson, in consequence of a re-
l^re^entation from ciliy^n David Hunter, tlat
you wished to be informed of the state of the
public spirit in the city, and that you likewise
llcstred to have some Hibscriplion papers for-
tvarded to you j whereupon it was resolved,
that the sub-committee should be authorized
to VT *^ and while they transmit you
the u papers^ rwjuesied to inform
you u; ;,.x ^jnc time, that tne ^ipir^' * *'^' t-
uom, notwilhstundmg all the unc(>i ^
mensures latel> adujited, IS hy no i. i-
prcshed, but» like a lire attempted to be ^mo-
thcred, m(n'af«;>» tcnlald, and will ere long
cotifiume nil lliosc who attempt to extin-
guish it,
** There are msn which we may
wjjili to write, wlr.. , , in the present
criBia^ It would bu a:ij)Uidt:nt to com mil U)
• ^jier. Wc ihdil therefore conclude with
wi^kmg tn iucrcsae to the number of tim
real friends of freedom all over the glohe^ auti
of the friends of constitutional reform in tliis
island in particular.
" When you, or any of the worthy mem-
bers of your association, have business thia
way^ we shall be happy to see you. Societies
of the F. of the P. meet every night, except
Saturday and Sunday, either at C. Robertson's
school, Symon's square,— Philips' bchool^Cal-
ton, or C. George koss*s, Liberty-court, South
Bridge.
*' In the name of the Edinburgh Commit-
lee of the Society of the F. of the P. 1 am/'
Clerk ^'Arraigns, — There is no subscrip-
tion.
*' P, S, Either on Saturday, or at farthest
on Tuesday next, you may expect the fir&t
number of the new Gazetteer, which will then
begin to be published in the spirit of the old.
Lest tJie proprietors should fall short of funds
to pay the stamp duties, it is proposed that
every subscriber should pay per advance, —
Subscriptions by C George Hos5, Garettcer-
ofljce, South Bridge, who will grant receipts
for the money,
" Sub-Committee, April 1st*
" Resolved, thatlVIr Reid the former trea-
surer be rcf^uestcd to continue in his office,
subject to the restrictions to be hereafter laid
down.
" Resolved, that till his determination be
known, C D, be requested to lake charge of
the monies whiich may be received by the
cotiunittee this evening*
'* Minutes.
" Report of the Committee of Correspon-
dence given in*
" From the Canongate Society, No. 3, re-
ceived the sum of one pound ten shillings and
tliree pence halfpenny, which is hereby placed
to their credit. David Dcwwie,
*' Regulations of the sub-committee with
respect to the treasurer. Aoril 1st, 1794.
** All monies tliat shall oe paid into the
trcifcsurer's Viands, from this day, shall be ap-
phed to *uch purposes only as the Committee
of Ways and Means for the time being sh all
direct.
" The treasurer shall give a receipt to th«
^aid committee, for what monies he Koay have
received from them.
'* The treasurer shall not give up any part
of the ha id monies, on any pretext, except
on a requisition sijzntd by tour members of
Uie sub comniitlce, and specifying the sum
wanted.**
Priiontr, — ^Gentleroen of the uirv : — Vcm
will observe th<it is not my f ng,
except the rcrript for the moi- vA
tcj show it. 1 lie receipt for nioncy is tny
hand-writ itif^. ! nr knowledge to have re*
ceived' ^my hjUid*wriUiig
only; loy hand but '
receipt Iq* Uic money.
m
JhfT High Treasoi
Willi&m hockhart swom.
Lard AdvocAte. — Do you koow a man of
tbe BUBe of Uobrrt Watt ?--Y€9.
Where diJ he reside ? — Norlh-Bridgc-Closc.
Yo« Are shcrifTs clerk ? — Yc5.
Vott hiul a warranl from the shcriif to
March WaU*s house ? — Yes, to scarcy» for
tome epodd sUegcd to be secreted there*
DidVoiSSO^— Yes.
Who wma there?— There was Mr, Miller.
Bcmember what time of the day it was ? —
ll»i5lhofMay.
WhaH time of day ? — Id Uic aflemooo.
nil! % i>u (iad the goods i — Yes.
house ?^ — Yes.
jury what you found, and what
jwi dial Uicfe } — ^1 found some pikes there.
IM us »ee ihero ?— [Producing; the pikesT.
Tbmm twelve I found in a locked up press, in
ti» eoortc of roy search : I tuuk one up to
Ihr Shfffflff Cictk's office^ and informed Irim of
iltiad be ^tve me a warrant ; I carried it to
Watt*iy ihq Watt was conic into the house,
aai be vas taken up to the shcriiTs office.
Did you jgo back that evening .1 second
liar, or third time? — Yes, I did; I went
ledt belw*f«o twelve and one tliat night, to
lecnn: the wiodows of the house,
^l>jil ypu make anv farther search ?— Yes, I
m elosct that I had not been in, in
BT senrcb, and we searched the cio&et,
I there I Ibuod some more.
did you find ?— I found other two of
\ kiod, end thoN? two, and this pole.
_fDid you try whether they fitted with that
filtl-^ fried than before they came out of
Tiy teoi a^aie, and see if they fit?—
[Thei be screwed on the halbert head].
Did you try the other f— Yes.
(Ihc« be tries on tlic large one, which fitted
is iIm MmeKrow, and on tbe same pole].
Cmri, — What i«j the use of that thing you
I m your hand n<iiv n^>bin il ? — A smiilt
hendle it 1 into, to go upon a
^ck or , or to go over the
iBf of the ftatT wit^i the screw, without
imewtBEOCi ; it slip-^ on th:it p:<rt, :\u^\ comes
dy lowr J of the
dbchai)- L fued.
Adtveuit\ " \\ iivii wifci* tluue with
I ? — Tbcy were carritd to Sheriff Clerk's
Dki aoy tluog elic ippeei proper to be car-
!^ ' "' rtf Cierk's office, that ^^y or the
c wea a fount of types found the |
Croi»*e:iamiuation.
Ifr. Ckwhf^?imj were you wni to searth
«. fhfmwktf^ th** nriiont r*-. Iiou^e ?— Ycfi,
Did you fi -No, sir.
Z^rrf jidki ^ >.crw4ail? —
^ :aaaideiilik iuue aUcr.
A. D. 1794f. [86
William Middieton sworn-
^ You arc a sheriiTg officer in Edinburgh ?-
Do you recollect bciny: employed to search
the house of Robert Watt?-^Ye^, on the
evening of the 15lh day of May.
Who was employed in that ^arch with
you?— Mr. William' Lockhart,
What was the purport of that warrant? —
The purport of that warrant was 10 seiu-ch for
some ijaods secreted there, belonging lo a
haudulent bankrupt.
Were they found ?— They were found in a
cellar, coming into the dining room of WaU*8
house.
Where were these spears ?— The door was
locked where they were. It was opened by
the smith that had previously opened the
place where the bankrupl*s goods were se-
creted; I took one in my hand, and Mr.
Lorkhart said he thought it a dangerous in-
strument; it looked very uncommon; he
thought it dangerous, and asked if there
were more ; [ said yes ; on laying Ihem down
on the carpet, tticre were VI
Did you malce any other tearch ? — Yes, upon
the second time, we went in upon the second
flat of Mr, Walt's house, ihiukjug we had net
went too narrowly to wurk— we searched f.ir-
Iher— we found two more pike^, two baltli
axes, and a shaft— these are them.
Did you try them to the top ?— Yea,
Aod'did they fit? — Yes.
Did you make any farther srnrch aAei
pikes ?— Yes, I went lo Robert Orrock, the'
smith, at Dean. I had a warrant irom the
sheriff.
What was it to do ?— To search for spears.
Did you find any ?— I found twu or thn
and thirty of the same kind; those are the
instrumeuts thai were found in the smidd
of Robert Orrock, the smith at Dean.
And in an unfioislied stale ? — Mostly in
unfinbhed state.
Two or tliree atid thirty ? — Yes, I am noi
positive of the number.
What did you do then? — They were
brought to the 5 he rifle's office, and' lodgei
there, and Orrock brought a prisoner aJoiii ^
with thcra.
Cross-examination.
Do you recollect w he u yuu searched Watt's
House? — It was in the evening of the 15lh
day of May.
Was that towards the end of the week? —
About Thursday.
Did not you afterwards search Dowme*s}
—Yes. ii
J low long afVer? — I think about the
turday after.
Arc you sure it was not upon the Friday you
searched Walt's hnusc? — ^No, sir.
Did you 6nd any Hung in Downie's house?
— No, sir ; but ilicrc wan a «slaie he ^ahI he |
h;*d kept a journal upon, for the money under
his hands.
S^ G£ORG£ III.
lif you found any pikes there?— No,
J of the kind.
Ijcii was it you searched Dowme*s I — I
caniiol positively say.
Wtts n the same uight you searched Wall's?
— NOj 1 am pusilive it was not.
Was Lockliart with you? — Yes it was the
same rtay Itiat Lockharl aod Dingle %vcre
searching Wall's house^ I was pre&ent with
them.
AJargaret Wkiiecrou sworn.
Lord Advocttfe. — Do you know David
Downic, the goidsmilbr i^ thai him there? —
Ves.
Were you in his service last winter ? — Yes, I
was.
What lime did you leave his service?— At
Whitsuntide
Have yoti seen any thing like that before >
i r showing the witness the pike head \ — Yes, I
[ pave.
Where did you sec il ?— In Mr. Downie's
ilining-room.
Was that before the term? — I think it was
a ?reat while before the term.
When did yuu we it ? -1 tiaw it in the morn-
ing, when Twent Ut dujsl Ihe dining-room.
What lime?— t beUcve it was about 6
o'clock in the mormng.
Did you ever have any conversation with
jrour master about it ? — His son came and took
It away*
. there any conversation between your
iter and mistress about it ? — She asked him
; he hud done wilh the dividing knife.
Did he say wfiether he had got the dividing
knife ?— She a^sked Mr. Downie what became
of the dividing knife dial Charles found in
tlje dining room.
What did he say ? — I believe he said he had
locked il by.
Had there been any body the night before
• in yonr master's house at supper ? — No.
Who let your master in that night?—
\ I did.
Was it late ? — I cannot be certain ; I had
been m bed.
Wm it four o'clock ?— I believe it wa^ ; the
«iou came out iVom hi^ bed-closet in the mom*
tng, as soon us he heard me in t)ic room.
And took up this knife ?^ — Yes.
I^thni In* thing Mrs. Downie called the
divi< —I am not certain.
Dm V who brought it there ?— No,
I cannot say.
Court. — Did the son take it awa^ frofQ
jruur owo haiid?»NOf I iuui it noi io my
hand.
Did your ma«(ter tay any thins about it,
\ mhcu he camr- in Jate at night ? — No, sir.
Dt ' r.tr your m.ister propose
. tikii I the kind wiU) him at
[m^U' -■• \',.
11 when be came
,^ in^ iM vjM.iv.-i — :-,uMi> but not much.
Qti he took il away ?— Yes.
Trial of David Dtmnie
[»d
-Had Mr.Charles» tbe son,
his fatlier that night ?—
Lvrd Pre^idfuL'
been out with
No.
Where did the son carry it to when he took
it away? — I cannot say, h« took it into the
I closet.
Who asked Mr. Downie what he liad done
wilh the dividins; knife? — Mrs Downa* asked
him whnt he iiad done with the dividing
. knife that the son liad m hi$ hand.
What did he say f^Ht said he had locked
it by.
Lord President, — When was ihe nuestioa
asked at Downie ? — Sometime after ; i cannot
just recollect whether it was tiie tame day or
uo.
I Did Mr Downie pay any thing more abaut
dial dividing knile? — Ucdid nul say it was
not ;i dividing knite
Prav did yoti think Mr. Dgwnle was speak-
iiiE cd'an in^trumoul like tliat, when he was
talking of a dividing knite?— Nu.
Did yon know what he was speaking of?—
I did nut know.
Are yuu sure the instrument you saw was
hke this ? -To the best of my knowleilge I
think it was.
Had it such a thing as this and that ?
[Poinlmg to the axe ana houk parts.] 1 think
It had, but I hud it not in my band.
When did you see it ?— A\ 6 ucior k.
I Did you lake a good look at it ?— Not a
I very j;uod Itntk.
I Did you think what it was at t'" +■ ' - — I
j never had seen ?.uch a isu-go divi.
Would you lake that lor a divnjkii^ i^,,..,. / —
I I cannot say.
Pray is not your master a dealer tn old
blades of swords, and di0mnt insinimejita ?
— No, sir.
Mr, C«//fn, — Had not he a working fbr-
nace? — A snt.dl working mmace.
Were you looking at it when the son camo
and touk it up ?— No^ sir.
Did tie go to hiB betl again after he took It
up? — 1 iaiHKjl say, lir.
Court.- Did he beein to Imvc any other bit*
sincsji in the ;«>oai than takini; up the knife?
— [ did not &ee uny other In ' < had^
Did you never tell your about
a lhm|» of that kiiid^-tiji neigh-
bours happcnc-d to he f»pt- > t it. I
do not rrxoUccl ; tliey wiiu .,__.. li;^ about
something, and I happened to be spe&klog
about it. "
It d)d not *»trlke you» you had seen a thing
of that kind biiiore'? — No, sir I did not Ikuiiik
much of It.
Lard Prtiident — Hod you been in the
room, the in . ?^ Yes.
Were yun - 1 could not recolleet*!
'■ I Mff were you in tl)atrooiii|
i-nu i:, ■ ti.Lily 5iip in ihc room?—! caaOOl ]
say.
U ihai ;Uc iyc^i^i lUcy ci^uiaa&uly ^t i
Ycf,
f^ High l^eason.
\ not |tpil ^ ' bcoQ m bed bcfbre
Ntf master cai ^ . c^*
llr. Cuikn* — Did you let your master in
'Wbcndj 1 ^ s serviced— At
' " Tcd before
iiy wages,
-I ..^u -iven good
I" fore I went; I then
iir. -,. , . .tier place, and my
ifite ft day or iwo before the term,
tiur;sy; and my mistress would
A. D. list.
[90
''£Si.
-SJie 5iiys her Imthcr came two days
' took her away.
rW*: . iljer cause? — No, aad I
pd my Lr:!»2 ixi gc\ another place.
rUitlMr^ Downie itnd fault with your con-
io any other parlicular?— No tir, not
L I koQW ai\
Rvhcrt Or rock sworn*
^..r..-,t..*. Generate — You live at tlie
' — A I Dean,
lumber of I he Brititih Con-
oiion in;i ! winter?— Yes.
' You 1PCI ' I tt to it ?— Yes.
iJkf^a know ih4.t tht! Briiibh Convention
"^ 1 ikipersed by the niagiwtnites I — Yes,
Aiitr tliat, Jo you know of a comniitice
i tfifiointed and meeting f-^l know that
? wm% but it was a good time after that.
► liow kfog after ? — 1 cannot say.
Wo«t|(l it he a month or u% weeks ^—«Cer-
J it woa mnrc than ibat.
,Aifi(e«ti] It Id?— There ware some
.1,
Li of such a thing as a
'—Ye*.
i Wi^ w ..«,.^-, .- .. i^l do not know.
Il0 jon know ^ay of them at all ?— Yes.
Wcf^ they chosen from oihcr societies ? —
Ifcit liwii lather locietics There were diffe-
\ ^bosen; anme cha«« more than one
kfj fUpfiQie two or three ; but, m point of
"Tiiig w(jo the lueitibers were^ there wer«
*rfy lew titat 1 lor my part kut-w |»crfoctly,
bill Ilif-rT* »-&• fium tiiat society that I cainc
kmti, I 'T of lA'ith, there were Mf.
iMh«j n, and ^Vdiiam Farquharson,
Wlvii^ae?— adx. Watt. Mr. I>ownic, Mr.
Wc» you vounelf a member of llial com-
g|_y.: I ......
Wherr ( umittcc meet when th«
ittr -> _ _ —I do not know whellier
1 >ut our society met, and dele-
Itfi'
lalf— At Goorgt^ Rosa's,
If pTiMcnt Hi mure than one
fcikii^:'— I «ru» prr^nt ^ many — at difte-
otte^. I was not prcs*eat every nii^ht
utieii from huiiiiess i could not get to
} yini thcra whrn there waft aoy con-
i almil arming f-« Yes I waa.
''eti ns what was eaidf and who said it?^
It is rather a thing that ballks me — you
speaking to me.
Be lo good to tell what passed at this com*
mittee f--l was reading the nemrstMipera ;
there were ditibreot ooaa reading the pajp^r,
and I myself for one.
Mention who it wag f-*-l will mantion it
whiin I have time.
Tell your own story, it is best.— That is
best. There were different ones reading
the paper, and I myself for one, as I said
before ; there was great talk.in the papar nf
a French invasion ; there was likewise said^
but positively by whom 1 could not say, I
fiuppofce it was by Mr. Watt, as I told you be-
fore, that there were arms come down to iKt
Goldsmiths-hall gentlemen; that was the
words as near as I can say; I think Mr, Watt
was the person that said so* Some one ther«
said that we had better apply fur arms, and it
was said again, by whom \ cannot say, there
need no apnUcation : for, if the I'liends of the
Peopb applied to government* they would get
none. It was then said, 1 believe by Mr;
Watt, I could not, as I have now ^worn, say
he was the [)er^on, that there was no law in
exifitence lo hinder us from getting arms for
the defence a( the country ; at the lime upon
which I was saying this conversation passed,
I said [ would make one. \
What kind of arms ? — ^Thcre is the slicfc.
What passed in the rommittee upon it f—
There was no more passed.
You said you would make one of them?
What did you mean by tliem ?^ — What tliey
had mentioned, to wit, weapons,
Wiiat did they cali them ?- -I could not po-
sitively i<aT that; they said they weie pikea,
and I said [ would make a weapon ihr myKlf*
which I accordmgiy did somriimc aflof, —
tins was a considerable time afltr.
Tell now who were present. Was Downie
pres^cnt at thi$ meeting of the committee ? —
Yes Mr. Dow Die, Mr, M*twan, Mr. Bon-
throne.
And were any more? — I do not recollect
who cIms was present, there were more peo-
ple, tint thefo were people there I never saiw,
iuid did not know their names-^ there wa«
wa.H very little said.
You Hccordiui^ly made such a weapon?—
Yes I did. Upon n^aking it Mr, Wall CMtt#
to the Water oi t^eilU, and he sent for me —
I was bus^y working at home s»l the lini^; I
did not go the first lime— there came down a
per'^oti at; tin» and I wet*! to the Water of
Leilh wheit I lelt work, and I a^kcd who sent
for me; I luund it wa» Mr Watt, and be
asked me il I had ituide buch a weapon.
He see^vf'd lo understand what 4t wae,— *
What did yc*u say ?* -I told him I had.
WhiU kind of wei*poti was it that you made
for yourH*»ir; like one of ihehc ? — No, like
nofM/ of \hiTin. j
Wlmt did Watt say ?--Make a knife lik» m I
point of a tword, — it was a thick back wcwl |
thin edge,— it was liharp on ^iVv »^^ -^ '^^
^l^bhfe.
91]
Si GEOUGK IIL
Trial of David Do/oinic
l^
poinV-it was sharp at the point on both sides
about an inch.
That was- the weapon you made for your>
»elf,*"Mr; Watt said would not so and so be
better?— I did not f«how it Watt, he only
heard by representation what the weapon was
like, before I showed him he understood
what sort of weapon I had made, and of
course said that would do better.
Did he make a drawing any thing hke it ?
— As far as I saw he did not upon paper, but
the table was wet, and he niade it of that
figure. He desired me not only to make it,
but he desired after this was made according
to his directions, I was to carrv that I made
for myself, and tlie other to the committee,
and accordin^y I did make and carry it ;
that is the very thin^ I made to his directions.
—After 1 bad made it, i was in the Committee
of Union.
Did you produce the two weapons in the
committee or the other room ? — In the otlier
foom.
Who desired you to come there ? — A lad
came to me, I am' sure I couJd not rccoHect
his name ; I produced them in the other com-
mittee, not the Committee of Union.
What ^o you call the Committee of Union ?
— It was the Sub-Committee* There was
Watt, Downie, Bonthrone, M*Ewan, and
another man I did not know.
Are you acquainted with Mr Stoke I — Mr.
Stoke was not there, and I omitted that last
night too.
You speak every thing that is true now ? —
Yes ; there was a man there, one Edward
Wright, I saw giving money to Mr. Downic ;
I could not say whether he was getting or
giving, but the one or the other was the
transaction ; I saw money passing.
At tins Suli-Committee you produced the
two weapons? — Yes.
Explain all that was done?— He said it was
loo &liort here [pointing to a particular part.]
Too short where ? — Too short in the curve,
the name that was given !o it, and too short
on the other bide, but of the same shape.
It was too short in the curve, and too short
on the other sidef — The other man tliat
was there drew one longer at both ends upon
a paper, and Mr. Walt and Mr Downie both
aaid, you will keep that in your eye, and make
them in that same form.
You were desired to make some more ? —
They asked mc what would be the price.
Who asked you?*-Mr. Watt: after tliat,
Mr. Downie said not a word, be spoke no
more, and the conversation was carried on
by Watt, it was not long, it was a few mi-
nutes. Watt said, what is the price of them ?
1 aald^ I cannot say ; I had only made that on
the stick, and this part of it; I had not made
any more of them, I det^ired lo go out, which
I did, and I went into the other room, and
he told me, sa>s hc^ >ou will make a few of
these— Mr. Watt said,— the word wjts without
EO^ number,— as i wy,— I had given no
price, he likewise' la^^ lue do Quinbcri-* he
just came in when £ was going away home
and Mr. Downie along with him. \
Was Downie with you, when Mr. Wi
gave you orders to make a few ? — Yes, «ay
he, make a few.
Where was this ? — ^I was where I was seat
for.
Mr. Solicitor Genera/.— It was in the Con _
mittee of Ways and Means the pikes were'
produced, he was desired to leave that, and
go to the other, and he was told by Watt, and
Downie was witli him, to make a few.
Did you sel about making Uiem after this?
— Some few days after.
You set about executing your comnussiDB,
in short ? — Ye*, a few days after.
There was no number mentioned? — ^N»
number.
And no price fixed f — There was no price
fixed. ,^j
Did Mr. Watt, or any body else, come t#flH
you?— Mr. Wattdid afterwards come to my shop, ^ "
You accordingly made them under Mr,
Watt's order ?-*-Yes-
What did he say f-^Ue asked me if I had
made them, or was making tbem^ accordmg
to his order ; I told him 1 had begun, but
had done very little; says he, what is the
reason ? says 1, my servant is gone away from
me, and the other lad and I have other jobs
going on.
How many did you make ?— The* order wai
given this time.
How many ? — Says he, you will make ^ or
3 dozen of the cross pikes.
And did he order ^ny of the plain pikes ?—
No, not at that time.
Look at these ? — Yes, these arc the very
ones I made.
Mr. J/wfrw<Acr.— What was the Committee
of Union fSr?— The Committee of UnioiF I
suspected was for no other reason than peti-
tioning parhament.
Was it not about a convention ? — Yes.
You were to have a convention, were not
you ? — Yes, it was always said there was
be a convention ; I never tliought it was to
for any thing, but to collect money for
payment of the c\penses of the delega^
that was all-
Ourf .— Were you paid by any body ?—
I was paid, not then : I suspected Watt to 1
my pay-roaster, but M*Ewan came lo me th
night, and said, I was to be paid by M
Downie, and he was to pay mc the witole I
had the commission for, which was 5 dozen
he brought me that word.
Did you ever goto Downie^s in consei
of that order ?— -No.
You made those pikes in consequence of
that order? — ^The only order, when Downie
was present, was only to make a few.
Cottr^.—You say now to uiiikc two or tbi
do«en. Hobert Orrock, I beg you will
attention, for you said " only a tew.*'
Did you ever go to Mr. Downie ?— *No
Did you ever deliver any to Mr. Watt h*~
No more than the two to Xht rommitlce.
99)
Jin- High Trtason.
A.D. 1794.
[94
Yoo were a member? — Vcs, Mr, VVaiUle-
*^rod before I wcul a^ray ; he said* be so good
SI tolflsire TQur stick, and that weapon with
ID0 all bi;;ht,»-that oight that Mr, Downie
ina preteoL
Did you Icai^e the slick and pike? — Yes, I
kit llii»atidlh« olherooe, I never saw it after*
DH yuiA ever deliver any other ?— Never
Tktf were seixed before you delivered your
order f<-4ie deiiredtnct to leave that with him
•U ai^bl, aad the stick. I never saw him
ate.
Wiiliam Brown sworn.
Mr. Aiutruthcr,"'Mr. Crown, had you ever
ao order to make atiy of tUc^e Ihing!}? — Yes.
D«d you ever make any ?— Yes,
How m;ir)y did you nmkc?- — I made 14 of
eltet Mti4, and one like this.
Sfaov wbich ? —I m.ide fuurteeu of tliat
Jdai, sr;^ ^*^ *' *^ :t, [the single spear U,
tWoil :]^
Oi4 ' '- r^*^s ?— Yes, I look
I II I 1 1 III noon; Mr. Watt,
I I i. tuii me he was sorry
lit Ind > f^iy me ; I told hirn I
net y; he seemed as if he
bofTuw the tuoiiey — he aaid Mr. Dew-
i wouJd pay me ; he gave me a line to Mr»
Nrutc lu pay nic.
Buw much ? — Twenl^two shillings and six>
thai was the price of 14 of thcsei and
LWbatwas tbe plain long ones ?— Fifteen
'Ivc sluliings.
it: line? — ^Fhc line
^y ute 2 'if, 6d. and I
riiilwa^ :' *'
r. C^rrA
^Jbr Mr. i^>urtu.r.
I to aroixml for it
there no other order?— No order
titwaa lor*
1 jfiou any conversation about it with Mr.
tlofniie?**! am not certain but lidr. Downie
■igiilhtve a&kcd me how Mr. Watt was, but
Ibm «aa oo altercation between Mr. Downie
ad ac. I got the money upon Mr. Waifs
hmt,
tou did not say tf^ Downie what it was
fcil— Iftib ii«i>»^ : iiie.
Citi^ v^tion.
Mf. Cier lb-*Did Downtct ask you what tbe
for? -No, he did not.
Mr' dmtiruihrr.^y OUT evidence is this —
Ave you an order upon Downie, and
lit |iftKl y Oil t^iG money ; is not that tt i
—Til,
Diwmie paid yeu the money P—Yc^.
Wit Ham H(atiim sworn.
Mr. ^ajlrwirr.— Do you know tliai Reo-
Utmaii tliat it utiting there between those
^pa tol<iier> f — Y r^, * i >
\n*M ts tl»lg' ! . Downie.
yoii ever il the Fcuci-
9^r— Y0% w*
■>«atli
Did yon ev(?r sec tlmt gentleman at Mr,
Ritchie's shop door? — Yes, as I was going
by,
Where is Ritchie's shop. — In the La^
Market. I heard of the paper, and I wai
anxious to see it.
What uaper ?— That paper, an address to
the Fenciules,
Is that ihp r^^'^^r you were inquiring after I
—-Yes, at tlie one I saw : I asked
him if he r . — - ^ly my curiosity to see
Eaper of the kind i had heard of; and he ss ,
e could not, but if I would follow him dowa
the street, he would get me one ; and
carried me to Mr. Watfs; we went down,
there, but we did not i^et it there; then w»
went to Mr. Kennedy, and the name ofj
Montgomery was upon tbe door at the Southri
Bridge,
What passed there I — Mr, Downie weni
into the tack shop of Mr* Kennedy, and
little time after that 1 followed, and Mr,
Kennedy gave them me.
Gave you what?— These papers.
Was Downie there when he gave Ihem
you ? — Yes.
Tell us how he gave them you?— -Mi\j*
Downie, after he gave them me, took thena'.
out of my hand, and threw them down upoa
the floor, for fear any evil might accrue
Mr. Kennedy,
What more ? — He bid me take them up.
Did he say any thing else to you? — N<
onlv to say I found them.
Was there one or two of these papers ?-
No, there was a good u umber of ihem.
Was there a good number of ihcin ? — ^There*
was upwards of twenty of them; I did nol
number thetn*
For fear any harm should accrue to Mr,
Kennedy, what did you do with them ? — I
gave them to several of my acquaintances,
Where?— In Dalkeith.
Were the liopctouu Fenciblcs there at thai
time?— They were there about that timeafj
whether a short time or not before, I could
not tell.
There had been some marched through
before, had not there ? — I cannot tell.
It was just about tlic time they were lliere ?
— ^Ycs.
Were they expected at Dalkeith at thai
time ? — They were there about that time.
Do you know a man of the name of Jolui-
ston ? — Yes.
Did you give him any ? — I gave him one.
Whom else did you give one to? — I gai
one to Eliiot
Wliat did you say to liim ? — I do not
ber saying; any thing more ; we had soi
conversation about the curiosity of it.
llow came there to be such a curiosity
about it ? are you a Friend of the People?-
Yes, I was a Friend of the People.
I believe you were secretary to one of thciri
societies?— Yes* I wis secretftry to Uie
cicty at Dalkeitli.
95]
34 GEORGE 10.
Triai of David Dcmne
[06
Did you see Downic before?— Yet, I saw
him in the CoovtMitioii ^oiae lime.
Did yotrr acqiiaiutance tommence in ike
Cooveniion ? — \ e».
Tliat wtnild be n society of Friends of the
People?— Yes.
IIow CJinie yotJ to think Uiat Mr. D(»wnie
VfBS likely to sail sty your curiosity?— I
thoiighl |M ' ' ' r' * ' ^^ *1 i'ln.
Does 1 1 a possibly,
being an a- ijojiiiijLit.t;, i»t. iMi^^i i^'t me liave
Ibem.
Did you ask Mr* liilchic about Ihcm?— Pcr-
, ba^s I might.
But do you remcniber yoa asked Dowoio f
-^Yes.
Did you ask Ritchie f — I might have asked
' him.
Did you ask him ? — I might have asked
him, lial I do not particularly remember.
Whom did you give it to'be«de Elliot f —
I gave otic to a laiL
And oDG to Johnstone f^-^Yei,
What did yon do with the rest? — There
were some others got them.
What did you do with the reslN'-Aftcr
^ peopk said they would be hurtful^ I destroyed
tbe rest*
You were told Ihey would be hurtfid befort
Bownie SAid thev wonld be hurtJUl— comr,
' remember yourself^ who told you Uiey would
he hurtful? — I do not rf member; 1 heard
( several people speak ab*iut them — they said,
fthe people would say^ if the fencibles saw
them, there would he some disturbance.
Do you know a man of the name of Wright ?
-Nix
Did ht hrnis? any to fmi ^-Na.
And y<ui ne to him? — ^No.
Who i^ I ' ?-^llc is a miliar.
Wliere ooc^ inj hve^ — lie iive» nigh Dal-
keith,
A mile or two from ilF— A very short way.
Is it a§ far as it is from the New Bridge?—
\ 1 ciumot pusi^ly say.
Is it oa fii9 as Ihi Cro9»f-^II if just across
^ the river.
la it half a mik?— Soircely.
WUlttun Johmtone sworn.
Do you know a person of the name of Wkt>
m ? — ^Ves, he is a young man of Dalkdth,
' flon to Robert WaliiMi^
Have you seen him just now ? — I ha\*c sei'ii
'him come out of yon* hous^eiust now.
Did VOQ gft * iKtper from him f — Ye*,
lil Rie paptr like that?- -Ye^ I think it
was.
What did he say to you when ho ^Ye it io
t3Wuf^*-To I he ^ *-» ''t^ my remembrance he
[Mid I might ti at it
Did juu bok 1 (hd.
WbAt did you do with il ^*-I gav« il to
James Sandilandt.
Was tliero any penioo
«irbcthcr thcra w.ii ^
%-^ wai in the publu; »U«^'t; tlwre
might be persons in the street, and yet none
ill company.
Waa any man in a red dress and philibeg;af
—No.
I bt-lreve I^rd Ilo|ielouQ*s h not ahtghlaiid
dres^F —No, J believe ii i«i not.
Were the ]• tbrre lit that time?
-*-I do not t ' ere sijldicrs in the
slreel, periiyi»^ lutu im>^i»i lie soldiers within
a iftw yards.
Was there any as near as that gentleman
to me with the bpcctaden? — I cannot say as
to the distance.
Was it therr^abouts ? — I cannot positively
ascertaui Uit* distance.
Was it iOO yards ?-^Oh ! certainly it might
be within loss.
Was it less?*— I cannot ascertain the dis*
tance.
W^ hereabouts was il?— I can give you no
regular account*
It was no great distance, was it? — No very
great.
What did you say to Sandilands?*^! said he
miglit take a look at it.
No more ? — I cannot remember.
Now do recollect yourself ?— I have thought
of It again and n^in.
Art you sure you said no more to him ?—
It might escape my memory, because I did
not charge my meuiory with it.
What did Wats^jn yiy when you took tlic
paper ? — I do not recollect.
What were you to lake a look for ?— *Il wis
not mentioned.
Are you a member of the Friends of Xht
People ?-^No, I never was.
Do you know whether Sondilands can read!
—I suppose he can.
Do you know he can ?•*-! odinot ascertain
a^ to th;it.
fsandiliiuds was brought into eonrt3— If
that iho man you gave it to ? — Ye?> sir.
Jamfs &indilandt sworn.
Do you know that man that is just gone
out?--- Yea.
Did he over give you a printed paper?—
Did you read it ?— No> I never did,
Whom did you give it to ? — Serjeant
lUrdy.
W'hat is your name ?•• -James Sandilands.
W h;il arc you ?— A miner.
W hat is Uanly ? — He is ui lord Bopctoun^s
feneibles.
What distance was Johnston when you
saw bim?*— About '' f •■ »tncc.
What did Jol ?— lie said he
»b?lt
Ud
Ins
M l..,L
thought ^erjcaul u
paper. 1 took it out ol Ui^
I had no tl^^uLl ht' would :
hP
^' ■ . ■'.- ' ■'■ . ■ '' «^^«
scrjeaui^— Just alioiit ttt«$ dufttiukce of you
and (.
And JohoabOQ was just by you f**YeS| John-
m
^r High Treason.
ftmi WMs just ty my back when he gave
It inc.
Scrjoant Harthf cdled.
fo Bardy>} Do yuu know ttiat pcrsOD,
To $«liiSUmt>ds,] Is that the man yoti gave
rndEf.— Yei9.
BcQeaot Hardtf sworn.
^l|r*ilWr»«^<T;— WKjil -— Mr. Har-
dy ? - —A ferjean i iu lord U < nc i I j Ics .
Whemm-^^ ^-^'^^T iii'Uiur ...^ ihrough
Dul voti . , . — Yes*
i.A' '. -JVC yuu llint p»per?— No^ tills is
i^^r [nQOthcr shown him.]*— This m
iknds give it you ? — Yes.
311 jpiMi see whom Sundilaads got it rrorti ?
^haX md Sondilands? — He asked me to
pkit tt; I ' ' ' ' ' ! ' ! where he
lit; Ue*5 name;
liftid tbert: wTTtr. iiii, .i[i-> fji .«,t-t]jaou!» peo*
I l>tlkeitl)^ but he never went near any
re you going to at that time? —
^c _,_ _u our march to l.tif'Und.
lottrmimeot had i, and agreed
„ I Uf Eagliiiid «t 1 : --Three hun-
mi q( them.
Bartholonmw OConno% s^vo^n.
Xtrrf Advocate.— What regiment are you
I— The Till rei^irneDl of feacibles.
fbo cociniands them? — ^^ILic eurl of Hope-
^crtjTOu In tha village ofDalkeitli lately ?
Mfei.
LWas tha regiment there ?— Yes^ part of the
f h^i time ?— I do not remember wliat day.
^xk "it t^^.^ or tltn e moiilhs ago? — 'Yes,
vou 9iny printed papers
li a tnin rinic ui» und
M, i- ' atd? He
tiift, i' vibc you
B0t lb ^y (^t you vi^'ili be ^ii &old to go
Did
nadf
rto
do
tut' re »> ij |>rjuVed
Kl^ ri.ir..'-.
are.
.ij-Li? — No, my lord, I
it ihu foot of jl there
^— He put it into
,1 in nr» ha.iJ,
lut
. of
HP«ft^|||Uiini,
Mid '
|. .....
M U
«.. .^ii<LM >;.
^*.nvu. uTc you of?-^Tlic
4
A. D. 1794^
Is that lord Hopetoun's?— Yes.
Where are you at present ?— Al Liverpo-
Do they know the village of Dalkeith I
Yes.
Were you there on your march to En^.
land? — Yes on going to England in May lasl
Had you any conversation in tliat pluce re^
lative to your march to Engliind? — ifcs, sir,
— one day as I was walkuig, a gentleman
came up to me, and offered mc a paptr*
VVas U printed ?— Yes.
Did you read that paper? — Yes, two
tiirce read it.
Did any body else read il?— Yes, John
G eddies did ; I took no thoughts about it at
that time ; it was signed Dundee.
Was it advising you to go to England,
or dis&uadiDg you Irom ^oinj^ to England ? —
It told us we were all sold if we went to Eng-
land« if we staid at home we should get thou-
sands to help us.
Can you read ? — No, sir, I cannot.
Who read it to you?— Another chap read
it to mc.
Is he here? — No, he is at Whitehaven.
John Giddies ^worn.
Lord AdvoeaU. — What regiment are y(
in ? — lord Hopeloun's.
Do you know the town of Dalkeith ? — YesT
Where is ^our regiment quartered at pre*
sent? — In Liverpool.
Were you in the town of Dalkeith with
your regiment when il marched to England ?
— Yes,
When was that ?— [No answer.] ^j
Do vou know Archibald M'Fadzean ^—Yc^^H
Had you any conversation with anybody i^^fl
Dalkeith about your regiment going to Eng-
land ? Did any body ever show yuu a paper
about it ? — No.
Did any man show you a paper ? — I eaw a
man in Uie street witll them.
What did the man in the street do with
them? — I saw him giving them out to the
soldiers.
What did it mean? — I went into Archibald
M*Fadzean*s quarters^ and I found him read-
inz it.
Was he readinj^ it ?— Yes, and some more*]
Who more? — Some of our own men
Do you remember the purport of il r* — Yes,
it was advising^ us not to i^o to England, and
if we stood bauc, we should get thousands to
assist us.
Do^ou remember any particular expres-
sions m it? — I remember a paragraph at the
latter end.
What was it?—'* Stay at home, O !_ Dear
Brothers, be advised unci slay at Sv»«»"^ '
Lord Advocate. — lljis \h ihc »•! t
per Hardy swears lie received ir *
IandS| which is now to be read. — It is date'
^' '- April 12,179*
<* Friends and
" It ib with tije }ii. inTsi I'leasure that J
country incn are infonned, Ua\ 'svidv \% s
U
S4 GEORGE IIL
rattaclimeiil and love to ihcm, and your native
rCouriiry, thai you niantully and firmly resolve
[sot to leave it upon any terms, contrary to
[those upon which yon were at first engaged.
I Your countrymcn'love yon, and our hearts
7%onld be as Innch wounded to part with yotj,
as yours wouhl be to be separated from them.
They well know that they are safe under the
protection of tlieir fiilhers, their sons, their
brolhera in arms, and they neither wish nor
|lesire any other defenders. They hope and
ehc\*e, that your hearts are filled with the
Ifame sentiments.
r •' 1 he great mass of the people, from among
J whom you have been enlisted, have been re*
preticnted to you a^s your enemies : believe
Dol the assertion. They have been taught to
consider you as foes : but they do not fear
Indin^ friends among their brethren.
' Their cause and yours is the same. They
ire poor, but ihey have honest hearts — hearts
irhich sympathize in your cause ; they look
br the same friendship and the same sym-
alhyinyoii.
***They rejoice to hear, that yon are "becom-
!ng daily more coaviuced of the great trulli —
that the hiw ought to be the same to the
HiRhlander and to I he Lowlander, to the rich
and to the poor, and that no man can be com-
pclfcd to take up arms by any authority what-
soever, unless his own inclinations prompt
him to do so,
** This truth has been hitherto carefully con-
cealed from you, but it is not the less certain.
The vtill of your laird cannot, without your
own consent separate you from your families
and fi"icnds, although many of you may have
experienced the exertions of such a power,
however unjvist, and however contrary to law.
'* We respect, and admire the principle
which induces you (though necessity has com-
pelled yoir to lake up arms) still to persist in
renminln^ to defend your friends at home,
and not quit a country which holds pletlges
so dear;
'* When jou are gone. — Where is their dc*
fence? ihe^' maybe eitncr left without pro*
tectron, or may soon see their country over-
run liy forpi'ii' tionp^, jiuch as, in time past,
have alreiji' blood of your ancestors
without pr , and without remorse,
and who would feci, perhaps, as littic com*
punction in shcrlding theirs.
•^ Prepared for every deed of horror, these
Itircign mcfccuHrics may violate Uic chastity
of your wives, ynur sisters, and your daughters ;
and, whan dtrsirr is satiated, cruelty may re»
•^ ' ' Ah experience
1 n, an J friends^
I m^y be im*olved
Trial of David D(mnie
[100
tality, were pierced with the daggers of their
treacherous guests, and the feast prepared bj
the hand of unsuspecting friendship, was closed
with a scene of blood ! Such is the return for
kindness and hosnilahty ! Such the prottM>
tinn your famihcs have lo expect!!!
** How will ihey then look around in vaift
for jour protecting care, when, perhaps you
arc hghting at a distance in a foreign land —
but tiiey hope you will not forsake them
Slay, Oh I stay, and defend your families,
ana your friends !
" For that purpose alone you were en-
listed. They ure !cady lo come forward for
you in the vindication of your rights.
** Thousands join in the same sentiments
with you, and ardently w^ish for your con*
tin uancc Among them. The circumstance*
which might require you to quit your country
have not yet taken place. No mvasion lias
yet happened — You cannot be compelled to
go — leave not your country, — assert your in-
dependence ; — your countrymen will look up
to you as their protectors, and guardians, and
hearbi tlirobbmg wilii kindness %od hospi-
* See Val i$fj^. d79 of thu Collecuoa* i
ipendence ; — your countrymen will look up
, you as their protectors, and guardians, and
will, in their turn, lift up their arras to piolcct
and assist yon.'^
John Fairlei/ sworn.
Lord Adtotatt. — Where did you commonly
reside f — In Broughton.
Do you know a man of the name of George;
Ross? — Ye*, 1 have a little acquaintance of
him.
Where did he live last spring, before you
were taken into custody? — ^In the Cowgatc, I
believe.
Near the South Bridec ?— Yes.
Did his house enter irom the South Bridge?
—Yes. it enters both from the Cowgatc aad
South Bridge.
Do you know of any committee being held
in that man's house last sprinc ? — There was
a committee of collectors which met there.
Were you a nicmbcr of the British Conven-
tion ?— Yes.
Of course of the Society of Friends of the
People?^ Yes.
EHd your society send any delegates to tlie
Committee of Collectors? — Yes.
So you were a collector ? — Yes.
Do you know of any other Committee of
Collectors? — ^The Broughton Society ap-
pomted some members to a Commillee of
Union, which met there.
Were you a member of that Coramhtce of
Union ?— No, I was not.
Do you know of any other committee that
met then ' ' ' ' " ^ -There was
another that com-
mittee, biM i .v,.^ **.., .. (..r...iM , ofjl.
Were you ever with that last-mentioned
committee, m company with thcra ? — Yes.
^V ho were the persons jou saw ia thai
ri rrmiUiri . .iiul uliuui vou understovKl to be
%etin Mr
i I!, and Mr, j
U \iu Id he ^—1 Uhovc be is s jeweller.
Ji^r High Treason.
htm again if you saw
[X I would.
1» iiul imu behind you there? — Yes, I
\imk it 9%,
ly else in that coxnmUtee?
ke there,
.My*r, w nji js he ? — I do nol know
It br wss; he was a student, 1 believe.
Wrrc you ever employed by that commit-
*ofi anjr ocdAion ?— 1 was twice or thrice.
|jilL.t .r. .iV.N'h ilu^ ^MlJcclars were?— In
ihtef^i , it W48 moved, 1 do
nrA r- , Umt fcubbciiplign
i
, ^ > should be gotten ?
y wAuted tnc io get thche
-m and told the committee,
i I £oi the piiP^rs, and went on one nisht,
I to£j them I had got it ; I was on another
I Iherei and toldthcm wc had chosen a
A. D. 1794.*
[10«
Wh
CUUlIDillLf !
ci?— It was myself.
imucc of Union, or the
-It was the other com-
Bid )*ou ever hear any other name given to
tislSttboofnnihtee, tlun wlmx you have just
AMT utM%cd} — ^Thcy c!iU them a Sub-com-
■iUatt iud a Committee of Ways and
Ibe Committee of Ways and Cleans
mptoy you in niv olhcr business?-*-
fhfj nef tT in any other busi-
feaa; I do ti :• other buiiioess.
Mr, AtulruiJttr.— ii wimiy Oil said the other
A*y hf frtjf?, you will leM it over attain tollicse
f , r .. [ 1^215 g<, Wciil country
t^ k4 1 h*d t I country, and
i iscAiTi %uniQper r Lcanie from
AiHh^ they biid : * wstounness ;
tffipiMl 5% uj L'i^truvvbtounness; he
U0imiktd M V'"* ^^'^iddt^vke a Jetlcr; who
■ai ibai ficnon^— Mr. Bonthronc; the next
4» Ir^iiftl *in Mr \\ Alt ;in<l tul/l him (hat
n:;
at the Lucli*
t! Ill), ;uid he
i«k0l ci»(« fl i J ' baidl
owld pet It af M ater* at
tilt Lti# .. kilLt trQm Mr.
fiooctu b \V att ^;ivc me a
IrtlCT ■ • .>t from Mr.
Cfoviti i with me.
W«.s • ! KM.
i ; '— *i »•> i*"i III! I
- -Lic were «imf let-
Ik cif aad tho iualnictions of
-If.
> «yillt it}—
1M >c*u iM W ^iaiin^ aud 1 alkirk ^— Yes.
What were the instructions? — He desired
me to go to Mr, Downie, and send money to
them, and the iu«iU iictions were, to concspond
with Mr* Downie, ai*d also to inquire the
number of patriots in each place, and to send
money to Duwnie.
Was any thing else in the instructions ?--)
There was something about u plan, but I do
not recollect tlie exact words.
Kecollect yourself, what was it? — Apian
about sometlung.
Vou talk about papers and regulations for
the society, and circuhr letters, were they
prmlcd or written ? — Printed.
Was the commbsion printed ?— No, it wai
in writing.
W^re ujere seals to if? — No.
You said there was something about a pkn;
had you any conversation with Walt, or Dow-
nie, or Stoke about a plan ?-^I never had any
conversation with Downie or Stoke, but W' alt
spoke to me.
What was it? — Something about imprison-
ing the magistrates, and seizing the Dank
and public olllces.
And what else? — And those most active
against the people, or soraetliin^ of that sort.
What was to liappen to Uiem? — ^They were
to be imprisoned.
W^s there any thing else in ii? — They
spoke something about sending couriers to
iLc coimtry, to tell what was done.
What was dene?— Why about seizing them
things,
Those persons you mean ? — Both pcrsoi
and things.
Was there any thin? about that plan in t\
paper of instructions)— It did nut say whal
plan.
What did you understand by Uiat word irfj
the paper. What plan did you think it
upon your oath ?— It miglit be that — I canQ<
say.
You went to the Queen's Ferry? — ^Yes.
Where next? — To Stirling.
Did you show the committec*s histruclioiif
to any body at the t^uecn's Ferr)- ? — Yes.
Where did that Incnd live that you were'
coiuK to see? — It waa a sister of mine w
rivcifin service al Alrth^ on the other side^i
the water.
Did yuu go to Stirling ? — Yes.
Were yuu acipiaintcd with any body i
Stirling?— I culled upon Dr. Forrest; I hear
of him, but t bad no acquaintance with him|,
1 i4»m whom ditl you hear of him ? — I have
heard of him thftcrcnt times at Kdmburgh,
bcin*; a FrJcml of the IVuple *tt Stirhng.
Did you go to Airtli ? — Ves. ^
Were you at Dorrowsiouuness ?— I did go^
to Burrow fttoiinnc^s a^ I came back -. I wcnl
lo see the place ; 1 did not leave any tiling
there.
Did you go to fee any body there ?— I baa,
no letters f<ir Horrowstounne^s, 1 had no dirc&|
lions to open it there.
Yuu never saw doctor Forrest before Uiatj
you heard of him as a friend of freedom ; —
Ye^.
From whom dkl you ever hear it ?— I can-
not say*
Did you ever hear [of him in the Com-
mittee of Ways and Means f— No, I cannot
say.
Did yoii see doctor Forrest ?^ — Yes, I did.
And vifhii passed between you and the
doctor. Now, sir, you said, thai you would
tell him the news of Edinburgh, and he
would icll you the news of SUrliiijj? — Yes,
Now what was the news of Edmburgh I —
I do not recollect, but I showed him the
paper of reflations, and the circular letter I
brought with me, and the paper of instruc-
tions of the commiUee*
Now, did you ask the doctor to introduce
you to any more of the friends of freedom
there?—! believe I did,— there were two or
tbrec came to his house
Do you remember the names of them ? —
1 Itiink there wasi a man of the name of
Thompson.
Was there any particular conversation
passed between you and these friends of
doctor Forrest,- *tell I he jury what the subject
of your conversation was? — I cannot tell
what the subject was; I had a copy; I Would
tdl them tlxat they were about to make pikes
in Edinburgh, or something of thai kind.
You rather think yon did that ? — Yes, I
think I did.
t Wliat did those gentlemen say to you when
they heard about makin-j pikes at Edinburgh?
*-f hey told cr,e that the society at Slirfing
was not so numerous as it once was; but
what they said when I told them about the
ptkcs I do not rccoUcct»
Did they fiay any thing else about the stale
of the friends at Stii-lmg?— I rather think
they ?aid ihry were willing to contribute
money, but th( . ' ' i do any thing else.
What ebcdl rslaiid by this an-
swer r^^I remciin^Li iiig that;
I understood that Ih were not
numerous, there were ....ix^. ii Lutin there*
Is thai what you understood by the word
pise?— Yes, they said we could expect no
thcr supnort but money.
Were they happy when thrv tK-ard pikes
were preparing, or were ' ? — They
did not !<ay whether they nv , or sorry.
Did iliey approve or di^pprove ?— No,
Ihcv did not.
*:fhey iuid nothing nhcrnt it? — ^Not that I
broiler t,
''■ ' '■■ ' . ' . "—''-; -Trcst
In you
M' ir, liirfc^l ?-• '►
ll
...i.--Wii5 it like
--. . ,-- those before ^--I bad
' wca any before; 1 had beard iKcin
Wit
tkaoibed it u> you ?*«I hive heard
Trial qf David /)otem> [1 04
them describe it. T recoUecl I had drawn a
dmu^hi of some before this ; and gave it to
Wan.
Where was this? at Edinburgh, or Brought
lon?^I cannot say where I drew the dntught,
but I ^ave it to Mr. Watt; 1 sketched one oo
a slate, because Mr. Watt desired me; then
he said I would do it upon a bit of paper, and
i did do it.
Would you knew that paner again if you
saw it ; took at that ? — I thinlt that is it.
Who was It who described it to you?^ — I had
seen them of that 4ort before.
Where?— I think the Serjeant's hjJberts
are something hke that
Did Watt tell you for what purpose he
wanted those things? — We said the piket
were intended for self- defence.
You drew this to doctor Forrest at StiriiDg i
—Yes.
You do not recollect whether he was glad
or soiTy, or approiTd or disapproved f — No,
Where did you go the next day ?— To St.
Nlnians.
Were you acquainted with any body there f
—No.
Whom did you sec there ?*—Mr. M*Cross,
and Mr. Brown.
What is M'Cro^a?— A mthisler of relief.
What is Brown? — A writer.
Did yon know tho^e betbre ? — Ko.
How' can \e ^^'^ ^^^^H ni»tm them? Did
YOU ?<how the 11 Hvm, or did you
ieave them iht. ^ . . - , -, r- ?— Yc^.
Did you tr-ll uicm any thin| about ihc
pikes ?**.No, I do not think ! dtd.
Where did you go then *— ' 'u
Whom did you see there?— lerson-
and Mr. Yule ; Anderson is a mim^ler, and
Mr. Yrde is a minister-
V. 'oiifeelhcm? — I to* • ' ti>
Mr ,and he took them i
Diu you li ivcihc printed papers wuj) uicm ?
—Yes
W here next ? — ^To Camp*?ie. Mr. Yule
with mc— 1 do not know to whom.
Did you lea%'e p^*
Did you show i
recollect. I went t
son went with mc i
Did yoti show hn
pike?— r do not
iflr^rh; Thomp-
^•^-Ye«,
Where then ? — ^Then 1 went to * ilj^^o
Where did you call there?— <Jti .Mr. Su
cJair, a reed-tnaker.
Wjis Sinclair a member of the convention f
— 1 dri not know.
flirt ht* Like )*cju Under hi!* protection ?— lie
w^- ' t x%'ene Uiere, and 1 went
iuv
V' -^ It is where
pai 1.
J '■"■' — tn
yo*- ■-
vtr. .,.. ..... -:-,...;...*; , , ^ ^vc
M:
\v : ftn6x» wh09P Ikcts you
reeugnuird xo tiic reading-room ; w«m Ikfty of
lOS]
J^f High Treason*
A. D. 1794.
[lOS
iheifi iMnh^fi of ll^e Brtdsh ConvcoUoa ? —
t ffid ml faaem tHemt fhett ^erc none that I
|ra€5f; I iatd there ^were none of iheir faces
thmt t kttew*
^Di4 }f^^ ^o *f*y farther to the west? — I
I Aid joli €all on there ?— Mr. Haitie.
I yim Imvt any papers?— Yc5.
I yoy gu farther west ?*-No.
I jpoii came home? — Yes*
I^WImo^ did you "O first ? — First to my fa-
^ aad then to llie Com mil Ice at Ross's.
fwB it lUe Coramitlee of Ways and Means,
buSiA-coinmiUoe ? — Some tall il one way,
\ the otbcr,— it was coramittee night,
pDnl you ftnd any members of the com-
'Uiert?— There was Watt, IvrEwan,
Bi< jrou itate any thine to the committee
pfeti to the olttces where you had been,
^m^ptei to ihe imture of your journey ?
lool remember the particulars of what
I Hid.
I lak I ?— .1 told them that the
ftJMi^ A hearty.
I WlMii ui fiiltce say to that, were
ka|if) did they appear to ap-
•c* — ' II J cither.
Wi5 ? Did you eivc them
laick fl^.^ . — . , , ers?— No, I did not.
PWjfrtijgivc them back f— I gave Ihem
' liae «iys afterwards,
jpou take any notes?— I took down
um^ of the people 1 called at as I went
at fwrwne of that paper ?— I gave that
. ihal. or show it to the com-
tliAi lughtf — NOj t believe not; I do
■Uncollect
W ywi i I T ate any further pariicu-
Im Id ihr f } — I am sure I cannot
y»r>"-* ' " *Tiey were hearty,
" l>»i . ^es of that journey
I ot ■ >,^, ur out of yoiu' own
'..tr
i,rn«:ps — T frot a letter
and he
^vnie gave
I ymt^pend all the money in your jour-
ff— lit i:ri. of It,
Fh do with the rest — I gave it
ItJie ci^iumUtcC) and Ihey gave it me l^ack
was.
^— I sup-
if that committee ?
'^'"-- — hut I
rcr.
■f*"' ■ .M.Aer at
, -1 ^ No, I did
f bfti Ume did yot* get tiiere ?— I got there
Whst time did you leave it^-*i iancy
n tight be about 6 o'clock.
What made you not come back apu^ ftffcer
you had seen your sister? — 1 wnDtodloaee
the country.
How came you not to gpand lee theemmty
of Filc» as well as Laoarkahire^^I went ta
see my sister,
Stirling h a little farther ofi* than your sia^
ler's — Yes il is.
How came you to go a little farther aftfl
you had seen your sister? — As I had
tilings, I just went uluno^ with them.
But why did nol igwuhlhcmlo
Fife as well as to > , ^re i — 1 was near
Fife.
Were not you as near to Glasgow?— I had
no particular reason for it, eacept it was to ga
and see them.
Is it a common thing to take a loilg joum^j
when you go to sec your sister ? — you took a
journey to Kilsyth, Kirkintilloch, GlasgowJ
and Paisley ?— I cannot say. 1
How came this committee to pay yoti for*
all this journey? — ^Becausc tiierc were aiib-
serin lions going on for those that sufi«r«d
liitely» and I told them to send money to the
committee.
Whose business was thii* you were going
about when you went this journey < — was it
your own business, or the committee's f — It
was the commit tee's business.
How did you know the committee had any
bu.^iness at Glasgow ?^By my commission ;
I was not confined ; 1 had libcrly to go wliere
I liked-^l might go to Borrow slounne^s^ and
Glasgow,
Tlie instructions said^ ^ to Falkirk, Bor-
Towslounness and Stirling >— Yes.
Then how came you to explain the S ^g,
atwl the other letters with blanks, to me, that
it meant the three other places? — Because
there were socielies there.
What sort of socielies ?— The Friends of the
People.
Tnen you thought yourself at lil*erly to p*
to any other pbce where there were Friends
of the People? — Yes.
1 1 was l>ut reasonable, to be 6tire, the in-
structors should pay you ; tell me how yoti
got the commission, and what was in it?~It
waA just lulling me to call at the societies.
\> hat did it say ? — ^It «ai(l the committee
authorized me to call at those places.
You said you found in .Stirling they would
give you support by money, but wuufd not give
you any tiling else, they were not ready for
any thing else ?— They would give support by
money, hut nac other way.
What do you mean by nac other way *—
That they were not numerous, and that—
But a few people could give you support; it
tni;^lil not be very good support— they might
give you stipi^rl by something else besides
inon<»y> what did you mean by something
else? — I do not know 3 1 had just asked
them.
107]
31- GEORGE 111.
Trial ofDaxid Downh
[108
Were your ixistructjons, as well as your
commbslon from the cooatnitlce? — I Ihiuk
it nienlioDed aUoul the committee; I cannot
mention whether it was the committee or not.
RecoJlect whether your iastructions mention
it?— Tliey do nieDtiou it.
They mention sometliing about a plan? —
O, aye.
What did it mention, about that plan ? — It
mentioned something about that plan.
Was it a litOc plan ? — I have answered
that question to the lard Advocate.
Was il a great plan, or a grand plan, or
little plan, or what did they call it?— No par-
ticular name -> they might speak of it, I be-
lieve.
What was that plan to clo?^It did not say
wbat it wa% to do,
Mr. Anntruthcr, — He has said he understood
the plan to be tlie same plan tlat is mentioned
^bjWatt
What was the plan I o do?— I can tell you
If bat Mr* Watt said it was to do.
What did your instructions tell you? Did
it say it was near fiai&hed, or that it was far
1 1 from being finished? — I thiuli the word
lȣnisbed was in it.
Did It say any thing like it was far^ or not
vita from being finish^?— I cannot give the
(express words.
Give* me the same?— It §p<>ke something
about that plan.
About what plan did it speak ?— It did not
mention the plan: I said 1 supposed it might
\ be that.
h Now, did it say that plan was to be attend-
ed with success, or want of success ? — I cannot
.say things— I did not mind.
Whom were you to give your instructions
I to when you returned ?~Thc clerk of the
ItCommittee of Wnys and Means when I came
• back.
1 think you said you were permanent prescs
rof the collcclora ?— Yes,
What were they to do ? — To collect money
I i^nd sentiments.
Were they to do any UuDg else?— To see
' who were determined to support the burthen
[in the cause of universal sullrugc, and annual
srliamcnts.
To whom did your instnjctions tell you,
[^ou were to send the juoncy ?— The instnic-
13 saul the money wa^ to be TClurned to
Mr, Downic.
Did you ever hear any thing about arming?
-Mr. Watt and I spoke about pikes two or
tircc times,
Wcli^ now, what wero tlic collectors to do
vitli tliobe pikes, or had they any thing to
00 with \.\ii\u r^ Mr. W art Jnci; -I^uwtd oie
Otuc of t said lie r me
omectf II ;v to ilie<'
t>"' \l.. I did not.
^^ ' ttrrm f— 1 Aid not
Be.
e^iii-f*-. iu|u: 01 tiic tyilcLlOi-^ had iaid they
At^ W^att said, take them down to the col-
lectors, why did not you take them } — If 1 had
taken them down to the collectors, they would
liave been blaming me for distributing tlicm^
You supped with Dr. Forrest that ntght? —
Y'cs.
You staid with him after the company
came awny ? — I recollect I told Dr. Forrest
first something about that plan.
Now, what did you tell Dr. Forrest ?•*-!
told him what I told you.
Did yon tell him such a nlan existed ?—
I said I had heard it ; I had never heard it
from any body in the committee but Mr.
Watt.
Look at that.
Court. — What is that paper?
Mr. Jnsirw/Aiff.— lie has read this, ** Stir*
ling,— support by money, courage not great,
supj)ort as yet not certain/'
CuurL — What paper is that? — A Ibt of
names I took with me.
What for? — For the purpose of corre^
ponding,
Whom were you to correspond with?— -
With the Committee of Ways and Means.
Were the Commitlee of Ways and Means
to correspond with all these people ? — ( can-
not say whether they would or no, but they
had the particular power.
Mr. Amtruth€r* — W^hy did you J cave a
blank there in the first line, — dues S g
mean Stirling?— I lett a blank.
Because what ? — I had a list of the names,
I did not expect any body to sec it^ but I did
it just for fear any body should sec it.
Dues c ge mean courage ? and why did
you leave a blank there ? you had nut courage
to fill it up perhaps? — Yes, but I wanted no-
body to read It but myself.
1 thought you said you made this up for
the use ot the committee f — Well, btil 1 had
it to read :— the comiuiltee did not desire me
to write tliat about Stirling; X gave it In to
Mr.W^att.
Did you give it to him as one of the com-
mittee ?— 1 gave it to him as one of the com-
mittee,
Mr, Cuilen, — When did you givf it to ISIr.
Wall?— Some days after I came li ve
him my instructions and comm -
time after I cume home.
Mr, Anstruihcr,—\ou were ordered to de-
liver liiein to liif tommitkc?— Yc*.
Did you infoi m the conmiitlee of what yeu
had doncinyourjourncy?^! ♦ ^'' •» "ti ijiat I
had collected ui bucli and !^, and
they wfTf' '" '"-.u 111 lii riKHi
You i\ >
—I did r ^ _ ^a
say, at btirhng the society wfid not uumerouA.
Mr. /
commti'
\
C r osft*«Kan) inati on .
^ywheo you went in?— I
1091 fi^ ^k^ Treason.
hsA httn tn once or twice before^ and I just
loU them what I have sd^d already.
JLord rrtsident.-^l have lukcn down what
il»tMd altoTft these in^ljut lions, in thb roan-
ucUons were from the com-
I he was to return them to
ihc committer.
II. — As I understand it, tjie in-
mmaiou^ V ^ ^ from the comrailtee,
^bty iron ^> L but not given by the
DUtiltec; Li t > were therefore no fiirther
the coramiltce than Mr. Walt gave
\ to htm as from the committee.
Clerk.— Me rould not swear whether
» conmittee knew any thing about it.
[Paper read],
** S g, support by money— c ge not
^tU->5 pi as yet not certain/'
* AddnsM of a citixen in Alloa, JameSHaig^
I* KtmrtUne^ George Miller, shipmaster,
"* AUotL, Robert Morrison, senior, weaver*
' Ctieir, James BfMlveeade, merchant.
^ Falkitky John Ueugh, merchant, corn-
' S^ Kinians, George Brown, writer,
^ DtOo. Hev, Mr. Cross.
' linttUlgow, Mr* Gilson jun., merchant*
* nit«n«f*!fninnes% William Baird, ditto,
liltcr M*Gibboi>, uierchaot,
:U i^, Jolm Grieve, surgeon. —
I iicndersoD.*
&», William Hutchinson, esq., of
* Kklmttiilloclii Henry Frecland, weaver
** Balbf^aSe, — infonned Linlithgow.
* Ktocaiii Printfield, John Thompson,
~^* Ribrlli, " ' r lc5» Vule*
'Ptolcj, Hcming.
manioc n, mt, iVIuir, iuu,^ merchant
^Leveoitilef James Guruner, smithy near
I K'ArthiiTt shoemaker, new Meet-
6, tXjmbarton.
^ Rodericrk G onion, engraver, near Bank-
A. D. 1704^
[TK
• Tlie fiuLtHlirf is ihNiniir't. that this wit-
^M^Fttiricv y summoned
aliirjoliii i e, to appear
M9* ibe MbcM i i» and being
^Uif twoni iod 11 i m substance
. ^ That he iiAil ng ;u,qiiaintance with
^Jufaa Uetiderson: tliat he even did not
m by ^' ' ' ^ a he hatl put sir
MBt aa V, Urieve^s m this
' ^ ""- - than the sugges-
^t her, who had told
, Uiiv ^*' rmi that he
Quid not r* name who
IbU btai 9c -.uch was the
«4c fesaiKi had for in-
mtmz ^U " Thepub-
l*i denosi-
^ M 01 pro-
uU« Ai Liiuiburgh. Orig, Ji^,
" Linlithgow, Adam Dawson, certain friend^l]
but not proper o!»jt.'cl of correBpondence. •
" Mid-Calder, John Hardie, or Thomas^
Twccdal. — Shott3, William Mortun, taylor.
" Hamilton, John M'Lawn, Jamea
miiton.
" Slrathavcn, James WiLson.
" Whitburn, George Weddel, merchant.
" Dervil, John ("Idand.
" Glasgow read'mg room.— Thomas Corb
wants a few cheap books or pamphlets.
** Mrs, Galloway ^ high street Giasgow--.Jj
wants adoien of Loves of Liberty."
Is timt one of the papers that were in yourj
parcel? — Ves, that is one of the papers.
[Paper read],
" Fellow-citizens r — At a lime when powcr^
seems to be making such rapid strides among I
us, while the friends of freedom are perse^.i
cutcd, and hunted down on everv side, and f
the genuine principles of the constitution rc« ]
peatedly violated, by those who, at the time
they are professing their attachment to it ^
are aiming the secret blow wlilch under-
mines it, the friends of peace and reform ia'
Edinburgh, call upon their brethren through-
out the kingdom: — We call upon you to
warn you of your danger : We would remind'!
you iff the present melancholy stiite of aflkirs;
our commerce diminished, our manufactureri' |
drooping, the industrious poor wanting bread, '
and the mingled cries of the widow and or*
phan assailing the ears of heaven. — ^These^ j
are only a part of the cruel effects of this J
most Asastrous and bloody war, the en4^
of which is wrapped up in a gloomy obscurity !
which lias scarcely onti ray of hope to pene-
trate or illumine.
** In the mean lime, we behold armed a$«' ^
sociations forming in different parts of thej
country. — We see the partial selection of ci*
tizcns, who arc entmsled with arms, and
shudder in contemplating what may be the
motive of this alarming and novel prudence,
" Under these circumstances, what is ouf I
resource? Citizens, there is but one thing)
that can rescue us, a complete reform in par-
liament. Let i^s not be awed into a servile *
submission by any illegal artifices ; let us noli
sink before the blast of oppression; but let
us unite fimier than ever, and the number of ^
voices, that call for a redress of our grievance*
shall yet be heard, But never let us reliii*^
quish this great work.
** Remember, that till we are fairly repre- ,
sentcd, no check can ever be opposed to the
strides of power, but we may be crushed be
neatb its weight, like a worm beneath th«1
foot of the passenger, J
" In the mean lime, we sejid you a few !
rules, which arc drawn up for the use of our ^
own societies ; we recommend them to you» |
and ltoi>e they will be equally serviceable. A ,
I ! of Union is appointed here. tQ'|
. j.e united wishes of the several so- '
cieue^ ; and a sub-committee, whktv \^ c^^
Hi]
34 GEORGE 111.
Trial ofDatid Dmnie
[112
the Committee of Wiiy«4 and Mtans and as
treasurers for the united si»cielieB» and as a
centre of union for all friends in ScoUand.
Througb iheir medium, direction!* and in-
^ ctbus will be given. Ihe tnuney put
their 4iands shall be accoiinled lor, itnd
Jbbursed in such a way as shall be most t«l-
tilated to promote our greitt lausa. If,
bereforc, vou h;ive any sums, collected, be*
ad wi^al your immediate ejiigcncies require,
if yau can culled any among your friends,
though they s.hould not be rociubers of stj-
aetjcs, you arc requested to leroil the same
_jD Mr* Edinburgh, who
"la appointed to receive the several sums for
the comnjiltee.
" We would also wish to be informed of
the number of friends which you have, on
who«e patriotism you can rely with the most
imolidt coufidence, and who, you are &ure,
will spare no exertion whatever in pronioling
the great cause in which we are engaged.
" We would thank you to communicate the
best method of making our mutual senti-
nieols known to each other, and the per-
son to whom our letters may be addressed
with the greatest safety — Direct your letters,
as above, for Mr. : we
beg for an answer with all convenient speed,
and remain, your brethren and fellow«>ci-
tizensi the Committee of W. and M,
Lord vlrf«<K'afe.— There are only one or two
aragraphs we mean to trouble Uie Court
irith.
WUncit. — There are some blanks in that
aper that were not filled up in the paper that
! took,
Mr. Amtruthtr- — Whom did your instruc-
tions desire the money to be sent lo?---My
instructions desired the money to be sent
» Mr. Downie? — The blanks were not filled
lipp in the instructions.
Is that one of the papers in your parcel ? — I
hinkso.
[Paper read.]
^l-^DAUEKTAt PaiNClPLtSOF TUC SOCIETIES.
' vt 'I lv« Cfim , of U. IS composed uf per-
by the people » lo look alter
i t ; nil ate consequently amenable
f I to the people; therefore the
\f, power gf deposing, by m««ns
»* petition to the president of the Com, of U,,
in a by him reported lo the societicn, for mi^j-
Dliduct in any of their representatives.
" Sd, As representatives ol the Com.
JV, are invested with every nower ttieir ton-
tituents c:in claim, the will of the cortsli-
u«nl, at the appuinlinent of ^
in, that ne walch over l>i
sb- -■ - - --v. ^
^nd liim/'
Lofd Advooatt,*^Go to the collectors.
[Heads]
" 1*1, Eadi society sliall appoint one or
more persons, the most ^ictive and riitelh^ent,
to Ikc collector! of money, and each of tlie&e
colleclor-i are to have the superintendcncy of
15 or 'iO persi*ns whom they are enjoined to
visit, as oft as tlieir time may allow : what
money they may collect is to be delivered to
the treasurer of their di^erent societies every
week.
** 2d, Such collectors arc pcmianent,
unless disqualified by inattention - r*' rr-
wise; they arc to meet with the *
and M. to report progress once c-v. r Mue«
weeks.
" 5th, OfUiC Ejcient of Delegation,
" 1st, Election of delegates to Ilie Coon, of
U. takes place on the first 1 hurs<iay of Febrii-
ary. May, August, and November, rinmiaHy.*
** 5d, Each society shall send a ar
every 12 members, to the Cum mitt'- tU
a lellcr signed by the president and the secre-
tary for the time bein^. liow soon an addi-
tion of 12 is mudc to aiiv society, ihal societj
is entitled to send an additional delegate, fiut
no society, however numerous, can send
more tham three representatives.
** Sd, The powers of such representatives
slvall continue only for S months, at which
period they must either be rcHticctcd,or others
chosen in tlieir room.
" XVI.
*' Isl, The societies shall adopt such regula-
tions, and adhere to such instructions as the
Com. of W. and M. may think proper to bsue,
after being sanctioned by the Com, of V,
** ^f\, NO member shall introduce religious
lop' hate, no motion fi>r prayers to
be r at the gathering or dismissioo
of ttic societies; because every thiuij that
tends to strife mod division must be avoided.
*' Lattfi relative to the Com. of U*
** 1st, The Com. of U. shall meet once«
week, imd elect a president every meeting, ac-
cording as their names stand in the roll ; no
member is to absent himself^ without aaiigiK
ing satisfactory reasons.
•* «d. The secretary simll continue in office
3 months, during which period he has the
keeping of the books.
** 3d, It shall be eliqibie in tiny person,
properly del ecated, fro I • ^Qt
Kingdoms, to oe a men 1 1 r ;
but no foreigner can b"
"4th, No dele^i*^ I another in
. hen he is prevent* <i from irt^taod-
*' -- ' • ' nod «»erretary arc
T rr j>ard the pre*
to cxpkmto.
^eak in the
-jn«^ iini
1
1)91
JfoT High Trcosm*
^ to be read by the secretary at
soon a«i the pr»f'%3dcnl takes
vl eiE;ht
of the
of the
c^ j, aiiu tne order of
•" of \V. M. must report
,, inowcd to accuse, or
ions on another,
grill the soekUies,
jiMlimg the ^ronnda of his
torn, of Ways and M, ; aud
jrjiwrt to the Com. of U, if, upon
b»o, thty see siifificienl reasons as-
' ICHh, Thf name of ihe accuser is not to
' the Com. of W. and M.
jt ajcrusation worlJiy of
' ■SV,
\ condesceosioD,
HtuiiuT, must prevail,
ngst the members of the Com,
iti.r^t '>li iV,o ^ocietits.
' l$* inaiiimily ofsoul,
Hidicd, arid every
Ki "ft prudent maimer^ to
,-ilnuneiital in forwards
t ibc ; for independent ^nd
iionour and preference
r wtiMth€ to ihe Citm, qf \\\ and M,
*■ Ul, The Committee of Wnys and Means
npcnu: ' ' of it have the
more of its
p«»«ex
iLi d][\i iLj^ttentioo.
lie nomination to anjr |
*** i.^.ii ^.^Li body; also a dii^cre-
|iQWcr to meet where and when they
consist of no more than
ihrin four persons.
ut and secretary of the
. J ne the money transac-
oT llie Com. of W, and M. once every
No cross* examin&tioQ.
Dr. Forrett sworn.
Lar^ Adpxain, — Do you know n man of
Ibe ntsoe of John Fjiirley? — Yes.
Whca dill you sec him fir!>i ?— Some time in
nMfUft
Wlietc did you sec him ?— At StirUtig.
HAdjoy rvct known thai man before? —
tSu^ guy Uf^.
H^if cAoic be lo introduce him&cif to you f
-De jaid a TbomaA Bell desired him to call
hiisu *
Yoci iPCTf of Uie s<x:ieiy ? — Tes.
As*! tchrr :Tieci ? — In my house.
r the members of
^
jr story to the
, on thai oc-
Ifttriey commuAicaie to you any
parliculaf business or circumstances ?— Hie i
told us he was sent by the committee in j
Edinburgh j to endeavour to procure money]
for the support of Mrs. Skirving, and som^i
otlier friends of reform, .ind to know what
were our sentiments about reform.
To know what were your sentiments ?—v
He showed us a written paper to that purports I
I cannot recollect that paper at present to b^ I
nolliing, but what I recollected before, thai I
there were to be collectors for 14 or 15^ to'
collect the opinion of that 14, to know theiH
sentiments, and to procure the money, I un-i
derstaod, and there was a part of the inslruc»]
tions they mentioned, they were to be pro-'
vided with — and a blank followed that; to b^
provided with blank,
Now, 1 asic, what did you understand by .
that provided with, and that black? What
did you understand at the tune?— If I might j
gues^ nr conjecture, — being armed. I
Did you or any person give any answer aC j
the time, or take any notice of those instruc- ]
tions to that effect ?^l think I said, he shouI<l ]
he cautious how he conducted himself, and
what lie <iatd ; for our parts, we had nc^ \
thouglUa of proceeding farther ; in wliat w^
h;id done, we had expressed our thought^ j
to the public, or somethm^ to thut purpose. . |
Yon say you concluded the blank mean^|
arms ; — now, 1 ask yon, was there any othec
circumstance which passed between you and .
this man Fairley, relative to this conjecture j
of yours, which tended to confirm or disprove i
that conjecture ? — 1 do not remember par-
ticularly, but sometliing was mentioned of ai^
expected invasion by the French, and he took ^
a piece of paper and a pencil, and drew a
figure resembliog a halberd.
Do you see any thing upon the table like ]
it?— Yes, my lord, it was something hke ihat^J
He asked how that would answer for de^'f
fence? — Yes.
Did he say any ihiHg more upon that sub^l
ject? — Yes, I do not recollect what followe^^i
upon that ; there was nothing that I recollect, I
Do you recollect any thing else of his givj j
in^ you any other information with respect taf
what was aping on at Edinburgh ?^He men- j
tioncd, I think, that he knew u pcrs^ou that
could provide such, and I think he mcntionedr I
the number, but I cannot put s name upon it^ ]
Did he mention where this person resided j
that was to furnish these things ?— No, I d%^ j
not recollect, but the idea struck me.
Did this pass after your friends left you, or
were with you f— To the best of my know-
ledge while they were there.
Did he stay after they left you?— He staid*]
and slept there all ni^hl.
Was there any Ihmg else that passed be-
tween you and him, that struck you at thi^J
time as extraordinary as to what was to be done 1
in Edinburgh ?— There was something B^^d^l
about the collectors. ^ )]
Did that paper of inatnictions mention any
thing with respect to any plan or sclwwe
I
.jiil^
1163
$i GEORGE nr.
ivbkh struck you ?^ — Unless it was those col-
lectors that were to iittcDd, and to know their
sen li merits —
What besides tlial?— I cannot recollect
just now.
Was there anv thing said by Fairley you
thought it your cluty to check him in ?— I do
cot remember.
Was there any thing about violent roea-
»iirc8 about lo be prottoscd in Edioburdi ? —
I t}nnk he s^aid, that some people in tldin-
Diirgh, would probiibly repent of their con-
[:'duct.
^N hat people ? Was it the Friends of the
People ? — No, I did not suppose that
NVho did you suppose tliera? — I supposed
, it was their upponcnts.
He left you some printed papers? — Yes.
What became of Ihosie priuted papers? — 1
[gave, to the best of my knowledge, a copy of
a letter of rcgidalions and rules lo
' and my friends burnt the res-t
When did they bum the rest ? was it before
^ or since the warrant sent for you to Stirling?
I - — Yes, in cun^cijuence of that warrant.
Mf. Jmtruthcr. — Now, before you go, only
do recollect yourself, and tell rae whether
I there was no conversation between you and
I Fairley, alter the company went away, more
k than w!ial you have staled ? — No, I do not
TccoUect ; it was verj' near midnight, and I
; vent to bed very soon.
Now, 1 only ask you» do you swear that you
pTecollect no more of tiie conversation with
[ Jairlcy, than you have now stated ?--I can
very s;ifely do it 4I present; several things
may have escaped nie, Uiat, by helping my
rccoUection, I might answer
Joseph Gurnall sworn.
In what employment are you ?— A king's
SQesscnger
Pray do you know a Thomas Hardy in
I London? — Yes, my lord.
Were you ever employed in searching his
t house ? — Yes, in consequence of a warrant
I from the secretary of state, jointly with Mr,
rXftuzun, I was to search his house, and seize
I hh papers.
Now, sir, did you see any of Hardy's pa-
ftns ? — In the bureau of Haidy's house, I saw
lardy *s papers. 1 found that letter in his
llyurcau.
Yben ?— In the morning of the 15th of
Alexander Mdchell sworn.
hard Advocuic—^lt. Mitchell, where do
[you commonly hve? — In Stirling.
( Were yuu 'living llierc in the month of
L April lait ?— Vcs, I was.
Wa«v there any Mjeicty of the Friends of the
T ' " .1 was tt member of it.
'tary of it ?— I never act-
I tu vi *' . rly^ but as ie-
Wii*** .'VT I - u -ifc^ii f— liilmariiocki
Trial o/David D&mie [] 16
Gawstone, Newmills, Darwell, and Strat-
haven.
Do you know a man of the name of Tho-
mas Hardy? — He is designed a shoemaker.
Has he any other situation ? — He is secre-
tary' of a Corresponding Society in London,
Did you, or your society^ or any of tliese
societies, receive in April la^t, or in the course
of this year, any letter from this Mr. Hardy >
— Yes, a letter for the society in Stralhaven.
What was the purport of that letter? — A
principal p.u-t of it was, announcing a proposal
for another British Convention,
Would you know the letter if you saw it?
is that like the letter ? — Yes, I thtidc it bears
every resemblance of that letter.
Now, sir, did your societies do any thing in
consecjuencc of lliat letter to your knowledge?
— Yes, there was a meeting of the United
societies, as I mentioned betore, at DarweU^
on the receipt of that letter.
Wliai did you do ? — The consideration was,
if it was proper to send a delegate to that
convention, and it was agreed there should
be one sent.
Did thai society do any thing else inconse-
quence of that? — There was one appointed to
be veady to be sent against the time it should
be called.
Did they write so to Hardy, and give him
anv information of it ? — Ye^, they £^
Did they write them ?— Yes,
Who wrote the answer? — It weni in my
name.
Did you write it ?— Yes.
Look at that letter, and see if you wrote
that answer lo Hardy; is that your hand*
writing f — ^c^ I recognise it lo be the same
from all I can judge*
What was the name of the gentleman yoit
chose to be delegate of the society that was to
be held in readiness ? — I do not conceive it,
would be of any direct use to the Court, or I
would mention it ; it might be a cause of
trouble to the gentleman.
You are bound to mention iL What was
bis name ?— James Wilson of Strathaven.
Lord Advocate. — ^This letter is found by
Gurnall, 13th May last, in this rentlemaa^s
hand-wnting, This letter is of tne date thai
Mr« Gurnall speaks to.
[Heads.]
" Fellow citizens ;— The society at Stratha-
ven received your circular letter bome time
ago, respecting another British Convenlioo to
be held in England, and finding it would be
inconvenient for them lo send a delegate for
tiicniselves alone, the cause being much sup-
pressed here by prosecutions, whi^h we aro
Bubjected to from the petty ahi ' iir
neighbourhood, we havr united on ; i h
ihr in Ivilmai: ' ' v.
mil rwalL A' 115,
of' . .u._ ,jj
81; ^U
Jut Higft Treason,
j;alr was elected fur the
vutl a secret comtJiiltee
ed U> coiiduci lUe business* You will
farward your orders to tis, when,
»j,i. ' : ' Jilion is to meet, with
a ; ur informalioD you may
^ ^ t '^ hall instruct our dele-
M I r - ^ r 1 1 J 1 , 4 i [ 1 L HI! iber and strength of
: KKiciu >, -iudarc huj^^py to fraternize with
jnu in any thifig thai ma;^ tend to promote the
pMnl good. — VVe remain yours, in the cause
oTlilbertjr^ f<»r th<! United Societies a^s above,
"Alex. Mitciull, sec.
, 9th Aprils llOiJ'
i per post, and Addressed thus^
, T, Hardy^ shoemaker, No, % Piccadilly
London."
Walter Miller sworn.
^ Adt>ocittt, — ^Vou live In Perth, do not
l}id jrot] erer hear or know of a man ealkd
fltoows llttf dy }—l have heard of such a
X\\A *ji-iM £>vfT rrrf iv^ nny letters fromhini ?
, but I got a r.ir-
ju by way of Edm-
\ it Uw»g before the ehcriif of Perth took
7DI up^ tod asked some questions ? — It was
BOC lODg, 1 cznoot say the time.
l/xk ai that lelier>— Yes.
Loek at tt, ami see if it is the same?— I
Isn J^ to look at it any more, when
Be s 'it that, and sec if you
€*€f la -Ycb, 1 saw that loo.
I David Downic?^ — Yes,
vou? — Ycsj certainly I
'-'"d in mv possession
ilk oi it,
- iij Itller, *' we pro-
to »enii one published by the Courier,
Ibe plc2i*cd to send us a parcel with your
Wlttt soft of address was it ?— It was pam-
fyetfl*
Wbal vt^ of pamphlets ?— Political Pam^
WbAt rnphlets ?— I do not know ;
Wa9 ther^
jtKaaf-^
A. D, I79i*
[II
Iter, a small
■I I J, V. ji,i tliis parcel? —
IcUcr, whether it came
I was it ? — It
I- caikd the
ere,
t of that let-
, I :< a
tlii4t Mi;k« ;^ tiling highly pru(ier
n Hardy, did
ucc of it?—
Wliatwere those steps?— Tlic comtnitle
considered it,
And what did they consider ? — Why, if it"
was a measure resolved upi*n by the olhej*
parties of the kingdom ^ they were to adhere
to it.
What do they mean by that?— The purport
of it was, they were to send delegates upon
due determination, which they could not tell
without consideration afterwards.
They were to send delegates to this conven-
tion ? — Yes.
Ix>ok at that letter, and see if it is like that ?
— I could not say really ; there was a copy of
that letter seiietl iu Perth ; I know that it was
directed to me.
What was the size of it ? — I do not recol-
lect the size,
Mr. CUrk, — Do you remember the tin
when Mr. Watt and Mr. Downie were seize
and imprisoned ?— I may remember that ver
well; a few days after that I was apprehend
od myself, and have lain in ^aol ever §ince.
Had you any notice from Mr. Walt, orMc
Downie of such a proposal as limt ? — I ;
very certain there was no proposal of tha£
kind. I ^vas a member of all the committees
at that tune existing in Perth.
And ^*cru never heard a single word ahou
arms, — ^3 or 4,000 ?— No never till yesterday
night, when I saw it in the newspaper.
Vou said ^'ou were a member of the society!
— Yes, certainly so.
Are you a member yet?— I cannot be a
member while I am in prison.
Did not you cease to be a member of thatl
committee ?-*-Yes.
Why ?— For some diflTerencc in that society,^
What was it ?— 1 suppose^it is not connectc '
with this cause.
CViirf.— We cannot tell till we hear it, i
may be materia! or not. — If the iCourt will ob*
lige me, I will ; but I wUl not enter iutobu-*
siness abstract from the cause j it ib not con-
nected with the cause.
iri/rt«i.— My lordsj, if you have no more
occasion for me on this trial, I think I have i
right 10 my liberty now,
Xj&rd Advocate. — ^The witness is taken itp
«nd iraprisonedunder a warrant for trr asonable^
practices, by an act of last sessions of pirlia*
ment, suspending the act of 170 1. UisnotJ
in the powerofyouc lordship to liberate hiiu,.
without an order signed by 6 at icjist of the
privy council.
U^fnew. — I beg leave to be he^rd a few
words — 1 1 is in my knowledge that I was
tnkcn up in a most illegal manner, by a war-
rant from the sheriff: I have been detained
here three months under extraordinary cir-
cumstances, and have received the worst of,
treatment; last night wliea I went hom that
bar, I meijlioned tu your lordsliip my ajiptar
iug under harticular circumstance*, tiiid bcinj
so long a prisoner^ and luvujg met with Mici
•cvere treatment, it might be Uiouglit I w.i
come here at the expence of ihl^ V4atV^\il<
34^ GEORGE III.
> save my own self. I was cletermined to re-
tire eivrng evidence, aiid staled my objection;
ny lord advocate fold me I w;is not to be
brotiglit to trial, I know I am enlHIed to niy
'ibcrty*
Lord Praident — What you have remjired
ft"' ^ ' ;rt we cannot do ; there must be an
I to the privy council, and upon
itir.ii ityyur-xmo, his majcsty*s advocate may
fhc heard a£jauj&t it. Tim court can do nothing
in the Ijubiness one way or another. The law
is open to you, if yoti have been oppressed.
'Xhis is not the way it can be dune; the
|Court bas nothing \o do with it in this shape.
WUtifts.-^l asK one question ; is it not the
ated law of the country, that when a person
|js once admitted a witness, he is free from
"hat criminal charge; can 1 he freed from all
riminalily ?
Lord President. — Apply to your counsel
Ifor advice. All this is quite irregular. The
I Court canuot hold any more conversation with
jfou upon that subject.
Lard Advocate. — We have done for the pro-
faecution.
Mr. Cullen, — I wish to trouble the lord
_ldvocale to csplaiu something concerning a
■tTftUsaclion tluit passed between him and
IJr. Watt; 1 wish the Jury may sec what
Uie description and character of Mr. Watt
WHS.
Mr Amiruther^ — I am totally at a los« to
understand how the character of Mr, Watt
an be made evidence on Mr. Downie's trial,
pl»ut still I have not the smallest objection
^ > your cxamimng the lord advocate.
Mr. CulUn. — I wish your lordshin to give
account of the transLiclions anu commu*
dcations your lordship had with Mr. W^att,
eptrding the subject of intended riots, or
NTith regard to any thin* of the like kind ?
Lord Advocatt,—\n October 1792, Mr. Sc-
reiary Dundas was in the country ; at that
lime tlicre was a very general alarm, it was
mmeftiatf Iv hf fjrr tlu i.arliament was called ;
^»d ! , cl out upon rumours
&fnu I nous disturbances in
cieui piifis oi till? country. Mr. Dundas
' ^cvrral t'oiiverf.ationfl with me, the soli-
M' I k1 with Mr. Pringle, the shcrift*,
\h icfl that a person had wrote to
'oi'ure, stilting to him
I number of people
rt;Ut:u 111 i-jjuiiii: * , 1 ,^ ;-
lificfoijs conspiracy \
ll)uudas, thereJore, .-
labout this man, to see u
||i<^wa*«: Mr. Prin^lc,lh<
juiry, am! I rcmcijUier si
Jmbout the beginning of >.^
tbe rouuiry, Mr, Tringic tola me lie had
nndc rnqn'Tv, I tif Iil'vc of Mr* H.ilfour the
y of our inquiry was
i '} confulf' ill htm *,o
Lpu bj ecu W he n I c;i
lie aamtUtucs came iq m; uou^c m Kjmi^^'^
Trial qf David Dcfmnie [ 190
square, and mentioned some things that were
^in^ on, and gave me the names of certain
mdjviduals. He likewise went to the North
of Scotland, and wrote from Dundee and
Forfar, stating the situaliou of that part of the
counlr>% When I saw him he ^ve me some
accouuts, which he said he hacTreceived dur-
ing his journey, particularly some he had
received fn Fifeshire, or Forlar, about a parly
of soldiers from Chatham, whom he repre-
sented as having been seduced from Incir
duty* lliis appeared to me material. He
said those soluiers were at Perth, and after
!>ome correspondence, they were found there ;
lort! Adam Gordon ordered them to come to
Ediuburgh ; when I was informed they were
arrived, 1 went down to the Abbey, and cjca-
mined them all separately, in lord Adaih's
presence; and his lordship's opinion, and mine
was, that the information given by Walt re-
specting them was not founded. The soldiers^
at lea**t, denied every thing which had been
imputed to them, by the persons from whom
Watt said he had received the information,
and it rcslcd on the credit to be given to the
opposite accotmts. There the matter dropped^
and I gave it no more at tent ion* He Came
altcrvviirds occasionally during the winter, and
communiciUt'd lomc several particulars of the
procccdiugftuf those clubs and societies, which
were tlien meeting in Edinburgh ; somcoflliese
persons were then tried betore the court of
juslinary.
Jt appeared to me, that the persons I had
heard of that composed tbose clubs were, vk
number of them, m a very low situation in
life ; and there was clearly more money going
amongst them than could, as it appeared Iq
me, spring frum their own labour ; I suspected
it might tome from London, or perhaps frcflo
France, and 1 de&ired him to inquire parllcu**
larly into that circumstance. Some time after
this, he wrote to me in Loii<l' i' »K.t q^o or
two pcrnons knew somethiij which
they otTcrcd to divulge, provu : . , ^tt)could
give them a large sum of money about a thou-
sand pounds, or some such large bumofmoo^v.
I wrote him in reply, that I could not comply
with such a proposition, but 1 afterwards paid
him 30/., as he said he had accepted a bill m
iavour of one of those men for that sum* t
wfi V clerk to pay tt, and it wa$ paid
at In the month of May, or In the
cuur e <ii MIC summer, he wiotc to me in re-
gard to some provision for himself, which did
not succeed ; and so far as I can charge tny
own memory with il, I never saw or ucikrd
frnin l.Mii sliui* Ink M<\'A ~\{\\u fi.lili^cf fyf
■Jier
^ , jni
liim when 1 wtw at tin ^e,
last September, it wo\i I to
me thai I did « I was tticie Uit^ Ultt^r end of
Sfpfrinhfr: I hiire t'ndi'Mvmffrd to recollect
niol recollect
; but I tua
ccUiUu iiucu Utlwl/t:r UhL i ncvtjr saw or
\at] for High Trtmoiu
L of him* The next time I heard of him
n !Kr meeliTT: of the StLret committie of
^ 1 1 urns, when Mr. Secretary
-i«<i to ua ihc discoveries
I had heard heforc
rsioa of the Britisii
I Watt had appeared,
Bui it never en-
uj was Uie man. 1
cqufitlence in hini»
him with any thing.
ruck when I heard
- wa.'i the man who
I given Mr. Dundasaud roe
M* ntJemcn of ihe Jury;—
kTbc l] tat I had been suggested
Mr^ L>;iiuiit:. and appointed by the Court
be ocie of his counsel, I felt myself under
bt tu ' J lid* so unavoidable when
.*i. *k^ V fence of a pri-
I li been always
,.-.^.,. v...«* ;ur a number of
ive as far as in my power, de-
^ iht' rniT^lovment.
lArly distressed
I useil was atrial
^_itlt«* Liw ui auoUicr cuunlry, with which I
Bjielf, havr little or no acquaintance. It was a
■^ 1 I»l or ''^8 ^ ****^ '*'^* ^"* *"^"
J tc . - o? the law of England,
wbkL I am, if possible^ still less ac-
iTC pa ' I \ did I feelthesedi/riculties
ufTji \ whcx) I understood that
fi^"^: ' :iashed as they
!rUi' Hies, had found
-^* ""'thercoua-
ition and
__ ... ^ — .., „. .Jerlogive
»lAi»taJice \u the conducUng of thei^e
ciili<*in, 1 wbh ll\at the situation of
Le persons whohavebecn now
I, hul brrn cuch, as to enable
c si-
upoa
f lilUiir Aide. Uul uiih;ijk|>slv, liidi vwi!* far
I ihetr rc:ich, and they wrrri obliged to
luen whom
ouMsel.
«-!»■• h which t
L aiyael I upon my
' it'a lo shrink
Ikw: i have ii»'
m i ' I" > I \
rta axi
ipkiaed
'it xiot re*
,i1<'r lu an
-.d it
liour-
"4^115; iiiu^i^i^^^ 4^i aij lU'ukj^'igiul duty, la
A, D. nD4. [122
give that aid to persons un' ircura*
stances; and it was from tli' rations
that I yielded to ihe solicitaliun^ot Uie prison-
er at tbe bar, and agreed to assist him to lliu
best of my power.
If any ihmg could have added to the anx-
iety of my ramd, it was what t came to learn
of the character and situation of this poor
man, whom 1 never had seen, nor knew any
thing about, before 1 was appointed one of his
counsuL A man, advanced in years, in the
decline of life, with old age coming fast upon
him. A man, in a creditable situation, and
who for many years has been a member of one
of the most respectable incorporations of this
city, with a character perfectly unblemished
and unun peached. Add to all this, his hav-
ing a wife and lamdy of children; and I
could not help ihinkiug strange, nay incredi-
ble, that a person of such a description, at a
|>criod of life when innovations ajid commo-
tions wi:re surely no object to him, could be
guilty of high treason, and enter into schemes
for the overthrow of th ;^ - iment under
tijc protection of whi< ; his fasmly
were enjoyinfr peace aiw -....^y.
The more Uiat thei?e ihmgs have made me
believe him guiltless of any such wUd and
criminal designs, the greater has my desire
become, to do justice to his defence; and, un-
der all this anxiety, I much fear, my inability
to discharge my duty properly. I will, how-
ever, endeavour to do my utmost i and as^ know
the justice and candour of the Court before
which i have the lionour to plead, so I know
also the integrity, the attention, and the hu-
manity of the jury whom I address, and that
ihey will not only pardon, but amply si^pply
any defects of mine.
Gentlemen, what is now brought before
vou is a charge against the prisoner at the
bar for Uie crime of hieh treason, and you all
know that it is by the Taw of England he \b
to be tried. At the time of the treaty of
Union, as was very properly staled tliis mor-
ning by fhc lord advocate, it wan judged ex-
pedient, and it certainly was so, that with re&t
peel to a crime of this nature, the law of the
two countries should be put upon tlie same
fuoting ; and, accordingly, it was agreed and
determmed, tbat the law of England should^
as to treason, be made th# law of Scotland.
In consetjuence of this, soon alter tbe period
of the Union, an act of parliament w;is passed
in the 7th of queen Anne, by whicli it was
pp.viHi r7 tL tr Ti. linii^ < iiiTiing, such crimes
aii trcahon or mis-
,,< I in England, shall
irned, adjudi;cd tiud taken to be high •
1 .md misprisiun of high treason witlim
Scutjand. \n short, the law of treason in
Engluud was made Ulc law which lit that par*
ticuTac wa» tfi govcru ikotiand ia time to
conte>
r , ' \ ' ilemcn, i\ "
a iidcnce iij
ob J > V 1 i *yuii Luc dalUTQ til \Xyif>, iiV
v
a UuiiiW^J
183J 34 GEORGE III.
Df treason in England, because, as I have a!*
sady said, the taw of England is what I am
ery little acquainted witn. I have endca-
ured, however, since I had the honour of
ibeing appointed counsel in this case, to con-
itder ana peruse, with all the alien tion in my
K>wer, the books of the law of England with
egard to treason ; and although 1 shall not
trouble you wilh long quotations, nor with
reading many ptissagcs from diflerent books, I
shall t;ikc the liberty of stating some remarks
wilh respect to what I conceive to l)c the law
of treason, as Air as it can affect the case now
under consideration.
Gentlemen, the great law wilh regard lo
bigb treason in England, is the well-known
statute of the '25th of Edward 3rd; and that
act of parliament w*as passed tor the very pur-
pose of defining and rendering the nature of
the crime of treason precise and certain. It
is mentioned by all the different writers upon
the law of Ei^glandt that, anterior lo the pe-
riod of Edward 3rd, the law respecting treason
had been so tmscltled, and undefined, tliat
trequcntlv crimes of a much lesser degree of
guilt, hatS, notwithstanding, been accounted
treason. In order to prevent this, the statute of
Edwartl 3rd was passed, proceeding upon a pe-
tition from the Lords and Commons, the mode
in which acts of parliament nin at that period;
and llie act itself declares what offences shall
in time coming be adjudged treason.
There are only Iwo branches of this statute,
which it is in any degree material for me to
bring particularly imder your view, Tlie first
thing that it declares to be high treason is,
the compassing or imaginin* the death of the
king. The statute itself, like the others of
that period, was wTilten in the French lan-
guage, and the words arc ** compaser, ou
ymagincf la mort nostre seigneur le roy/'
It is perhaps singular, as has been well Vc-
marked by an ingenious writer, that the life
of every British subjert prosecuted by the
crown for treason should continue to depend
upon tlie critical construction of two obsolete
French uonls.
Another species of treason declared in this
act is> the levying war agamst the king ; and
the sUitute provides, that when a man doth
compnss or imagine the death of the king, or
fioth levy war against the king, and thereof
ht proveablementt tlmt is upon sufficient proof
attainted of open deed, he shall be adjudged
guilty of treason. These are the only two
sjtedes ol treason to which I fmd it at all ne-
cesagry to call your attention « Indeed the
♦ h. .., ;, xhi\ upon which the present
> n1i*crre, that the very dc-
I is statute was, to prevent
. :r> to what was trea-
i^ in time coming
was to be adjudged
Ji the statute had ac-
fined to be such* A nd
:: : Lj.(;ccdlxigly £rt»m those who
Trial of David Dawnie
[124
think that it was meant to leave lo judi-
cial power, lo enlarge by constniction, what
should be held treason j for 1 take it, that this
is directly opposite to what the statute had in
view. It explicitly declares and specifies
what should be held high treason, and that
nothing else should be considerea as such,
and it very anxiously and specially provides,
that if any other case, supposed treason,
which is not specified in the act, shall happen
to occur, the judees shall not hold it to be
treason, till the kmgand his parhamtnt shall
declare whether it ought to be judged treason
or other felony. Thus careful wab the legis-
lature to render the law of treason fijied and
certain, and to provide that it should only be
in the power of parliament itself, to extend
the law, and bring under that description, any
other offence, which this act had cot declared
to be such.
In the weak and unfortunate reigtt of his
successor, lUchard 2nd, many different acts of
parliament were passed, declaring a variety of
offences to be treason, which were not such
by the statute of Edward 3rd ; but all these
were repealed and taken away in the bcgi
ningof the reign of Henry "ith, by an
which set forth, that no man knew how
behave himself, to do, speak, or say, for dotdil
of such pains of treason: and therefore de-
clared, that in time cominr, nothing should
be he!d treason, otherways tlian was ordained,
by the statute of Edw*ird 3rd. Notwitljstand-
in^ this, it so happened, that in succeeding
arbitrary and tyrannical reigns, and particu-
larly in that of Henry 8th a great variety of
offences were most improperly declared to "
treason, although they could not, with I
least shadow of reason, come under that de-
nomination. But all these were soon aftci
completely abrogated by the statute of th<
lit of queen Mary, which again brought bad
the law of treason to the footing upon which
it stood by the 35th of Edward 3rd.
I mention these things, gentlemen, in order
to show you, that the great object of the
legislature' has always been, to leave as htU^
as possible to interpretation and constructioi
ana to keep as defined and as clear as niighl
be, what should be held high treason ; so thai
the subject might have a certain rule whcrchj|^
to square his actions, and to protect him iwm'
arbitrary prosecutions for treason, when in
fact no such crime had been rommitlcd.
Posterior to the act of queen Mary, which
I have just now mentioned, *>ome new
K»ns were created by statute, but they hav|
been chiefly of a lcmiK)rary nature. Ther
were some in the rcigti ol Elizabeth, and
ill tlif rri'Ti ttj' Cliiirlr^ V'lul liHJ \\it'\ v\\\Uv
CUM I M iti the \i\ui
iriou nd I hope find
trust will ii>n^ "vcr Ihesi
kmgdomii. Ti 1 noi
lude, however, du uul iu the least
CSC
Jhr High Treasojh
loQcU vSKOk Uie present question ; so th^l, in
iImiI, the shj^]i' and onJy statute which is to
icrenrtiri ti^ nnd explaining what
ia lo te hi:i L:ison, is that of the 25th
Tlierc U a ftCatule, Indeed, of great conse-
ouciKc. wh' ' d some ye^s after
tMluspy J 1G&8, I mean the
■ctof Uw r Lii ui ^.v iiuaiu 3rdr for regulating
oi Irtalfl to cases of treason.
0eaide$ other salutary regulations which
Ite ilalulc iutrtxluced^ it provided, that no
feaoa shodd be indicted, tried, or attainted
cf tmaoOy but upon the oaths of two lawful
Wflaesses* either both to the same overt act^
«r ooe of then] to one, and another to another
ctof the same treason* It farther pro-
d, Ihil if two ur more distinct treasons of
Hi kinds should be charged^ one wit*
aeift lo prore one of them^ and another wit-
wmmva prov« another of the said treasons,
ibould r * *" 'eld two witnesses to the same
txami Ue meannig of the act And
A dlkti iMi . II if the act was, that no evi-
teee «radl I : ' r i : tied or civen of any overt
act, Ih^ wa^ uuX i..\prcs6ly laid in the indict*
metiL These are some of the important re-
pililion^ eatablished by this excellent statute;
aod them will be occasion for you to give
•Qoe attention to them tn considering the evi-
doKe wiiich has been adduced against the
frmoftt at the bar
Bjfiiig ihns endeavoured lo give vou a
ticw df the statute law upon this subject, I
; o&w otxsene to you, gentlemen, that the
iodklmciit cliargca the iirisoner with
Cbe fint ipecies of treason, which h that of
CMfittioe or imagining the death of the
Idi^ too it will be with you to consider,
vlNuer the overt acts that are laid, amount
UfkA cnmt.
If ii oat indeed pretended by the prose -
tii'it lit tAii L'-slihliHli agaui&t the pri*
or imagining Uie
4aih M ile to the terras of
fbc stAtAitc; but ywu aic told, that there is
hmmn in law, wliat is called constructive
iM&iooi, or, in other words, a treason not to
ie jboad m fUe l**U«*r of the law, but raised
'Ation. Thus,
IS one of the
Ml III* M itstte of Edward
conspiracy to levy war,
.11. ".vied, is not; and,
conspiracy, it has
i not falling under
the first branch of
A or imagining the
res of constructive
iargcd against
L to construc-
t beg leave to
it i* of a dan-
.1 to
ieast
i.iivviiLiJjU.i.ilt'li, As
I said before, I shall not trouble rou with
nuoting many itulliorilies, but I must take
the liberty of here laying before you a single
passage from a most respectable author — I
mean sir Matthew Hale, lord chief justice of
England, a man not less eminently distin-
guished for his high integrity, than for his
great abihty and knowledge ot the law; and
m his history of his pleas of the Crown, in
speaking of constructive treason, he uses the
following words, which I shall beg leave to
read to you.
After mentioning tlie great mischiefs that
were brought in bv constructive treason, he
says ; — " Now although the crime of hjffh
treason, is the greatest cnmc against faith,
duty, and human society, and brings with it
the greatest and most fatal dangers to the
govcrnrneut, peace, and happiness of a king-
aoraj or state, and tlierefore is deservedly
branded with the highest ignominy, and sub-
jected to the greatest penalties that the law
can indict ; yet by these instances, and more
of ttiis kind that uii^hl be given, it appears^
ist, llow necessary it was, Oiat there snould
be some fixed ancf settled boundary for this
great crime of treason, and of what grreat ini-
portancc the statute of 2ith litl ward 3rd wan^
in order to that end. 2nd, How dangerous it
is to depart from the letter of that statute,
and to multiply and enhance crimes into,
treason by amoiguous and general words, as>
accroeching of royal power, subverting of
fundamental lawSj and the like; and, 3rd^
How dangerous it is, by construction and
analogy to make treasons, where the letter of
the law has not done it; for such a method
admits of no limits or bounds, but runs as far
as the wit and invention of accusers, and the
odiousncss and detestation of persons accused^
will carry men.'*
These arc the sound and wholesome admo-
nitionsof this great lawyer and judge, who, as
you see, gentlemen, from tlic passage I have
now read to you, points out, in strong and
forcible terms, the unminent mischiels and
dangers, necessarily resulting from the loo
reatOly giving way to treasons by coo*
struction.
But, gentlemen," while I give you this cau-
tion, in the words of the venerable judgo
whom I have quoted, I am not upon th
account to say to you that in the law of En
land there is no such thing as constructive
treason. I do not pretend to impose upoa
you so idle a doctrine ; for I mean lo be can-
did, and, as far as my knowledge will enable
me, 1 wish to state lo you fairly, what I con-
ceive to be the true principles of the law.
There undoubledly has been admitted and
sanctioned by law, what is termed construc-
tive treason ; and accordingly, a conspiracy to
levy war against tlic king, although such war
not being actually levied, could not cocne
under that article of the statutti of lex^ying
war, has, by a certain construction and inter-
pretation, been hold to come under tjie &st
3^
^ngj^l
:ti¥e™^
31 GEORGE III.
'"branch of the act of cooipassing and imagin-
ing the <)calh of ihc king.
I Hii», gentlfmen, as I have already re-
I marked, is that species of constructive Irca-
I BQO^ of which the prisoner is here accused.
He is not charged with any direct aticmpt to
I imaeine or bring about 30 horrid a purpose ;
but ne is chargen with what, it is $aia is to be
r construed a compassing or imagining of the
I king's death. It rests upon this, that there is
saia to have been here a conspiracy to levy
war, against the king. If war had been
actually levied it miglit perhaps have araounl-
ed to direct treason, under the second branch
; of the statute of Edward 3rd; but it being
only charged as a conspiracy, or, in other
Iword^, a mere design and inteniion never
I carried into effect, so the aim of this prosecu*
ftion is to lead you to believe, that it is by
f construction, that species of the crime which
lb described to be the compassing and imagm«
jiiig the death of the king,
f Upon this construction, a conspiracy to
jlcvy war against the king^ i*? supposed and
understood to be immediately tending to
the compassing or imagining his drath,' bc-
I cause it is a conspiracy to do that, which may
I necessarily and unavoidably involve the
kiftfety of the kinj^'s person, or'even his sacred
[life. Now, I admit that a conspiracy to levy
Iwar, taken in the sense in whicn I have now
Pitat^ It. may be held a compassing or ima-
gining the death of the king, so as to bring it
I to be treason under the first branch of the
Irtatnte. But, gentlemen, I do beg leave to
laay, and I do not, in my humble conception,
hhink that I speak it without authority, that
I there is here a very great and important dis-
Itinction to be made, highly meriting your con-
lideration.
If the conspiracy to levy war be in itself of
I such a nature, thai the object of it is, direclly
land immediately, towards the person of the
|lcing, then I will readily admit, that agreeable
""> the received constniclion of •*' '^'", itis
I be held a compassing or ; the
cath of the king, and may . . .^ -ic be
lllrought under the ftrst branch of the statute
^Of treasons; but wliilc I admit this, I must at
the same time lake the liberty of saying, that,
wHh regard to conspiracies to levy war, there
is a necessity for distingiiishing, and for view-
ing the king in two different characters and
capacities.
In the first place, the king is to be con si-
dered, : V - ' : " ' ^ •
hisg.
' ivcd.
^ I of
di-
Trial of David Dotvnie
[196
as compassing and imagining the death of the
kiuK, undc:r the tirst branch of the statute of
25th of Edward 3rd,
Bul^ in the second plarc, gentlemen, there
is another and a very different character ill
which the king is to be considered, and
which arises from his being that part ot
branch of that constitution, to which the ex»
ecutive power of the state is entrusted. This
has been justly termed the royal capacity, or the
majesty of the crown, as contradistinguished
from the royal person of the king. It is, in short,
the authority of the king in rx'^'^"""- ?lm
Jaws, and it runs through, and pt 1 ry
branch, and every gr*xdatiou of th _...;ve
government, froni the very highest, to the
lowest and most inconsidcrriblc- In this view,
even actual resistance to the royal autliority,
and, sldl more, the intention or dc5i;rn to
resist it, is considered in a very di ^ 1 I it^
and as an offence of an infinitely c,
than where it is more directly a conipuacy to
levy war against the king, immediately id
affect his royal person.
There is no occasion for our here entcrifltf
into any discussion respecting th- ^ ^ oT
criminaUty that may altacii to ;l st-
ance in different cirf^-^*'"^^^ ' .«
rity^j but what 1 1 13
whii'h T riTiiP'it \ ,.. „_L... ' li
in re war act I ji<
be ; -I a mere 1 jii-
sptnxcy to icvy sucli war, does not involve ihc
« rime of cuTnr;is>ing or imagining the death'
of the 1 H the commotion or insur-
rection id, be snrh as is aime^
against ^ and not
merely .al cupacilj-
If t' 'id, or war
act slaUUc of
Edw.ini ..lu 11. but if It hif
merely a coii m insurrection,
or a purpose v» ^Mt ijnuw ^u levy war, in order
to resist some branch of the executive aii^
thority of the state, or some o(Ut*r nf tKe'
crown, I will be bold to say, that 1-
spirarv- a 1 ri mere intention to It \^ . ^as
not 1 or understood to constitute the
crin i treason.
Nuw, gentlemen, that I may not be $up>
posed to lay down this doctrine without au-^
thority^ I must be pardoned for bringing under
your view, what is stated by two vciy disLio-
guiiti ' ' /ment lawyers^ who have
trt: cl.
Ih:-
mti
ag,'i
y Mr. Ju-i
;v_it Pvfr\
W
d
10
er.
levy wax, may be justly dv
txea^u.
ity to It' ^ these
not tn Ml the
ft act
ug th^
king & dg^lh, because thc»c; purpuM^s cannot
jll,^^^^
199]
Jitr High Trmmn.
A. D. 179*.
[li
Uc crflfccteil by mimbets and open force with*
out manifest danger to his person.
Alter staling this, he in the next section
proceeds and says, " Ifisurreclions in order
to throw down all inclosnres» lo ulter the es-
tablished law, or change rehgioa * to enhance
the price of all labour ; or lo open all prisons ;
all nstnj^s in order to effect these innova-
tions, Ota public and general concern, by nn
anned force, are, in cons^t ruction of \%^'^ hi^h
j twason wiJhin the clause of Icvyinj:; war.
For, though they are not levelled \\X the per-
son of the kinir, they are against his royal
niitiesty. And beside?, Ihcy haveadirect ten-
dejjty to dissolve all the bonds of society, and
to dealroy ah property, and all government
loo, by numbers and an armed force. Imur-
rcctions, likewise, for redressing national
grievances, or for the expulsion of foreigners
I in general, or indeed of any single nation
I living hete under the protection of the king,
( or for the reformation of real or imajrinar}'
I eviJs of a public nature, and in which the in-
I surgents have no special interest^- risings to
j effect these ends, by force and numbers, are,
I by construction of law, wifljin the clauhc of
levying war. For they are levelled at the
king*s crown and royal dignity/'
Tlien he goes on, in the next section of his
treatise, lo mention a rising in tiie iOth of
Charles tst, which was in order lo surprise
^ and seize arelibishop Liud ; and afier explain-
ins the circumstances of that case, he m tJie
I following section says; *' Dut a bare conspi-
L ^1^ **>r ctfeciing a rising for the purposes
L^^tfutioued in the two preceding sections
^^BeS in the next, is not an overt act of com-
^^Pl^siug the king*s death; nor will it come
^tnider any species of treason within the ^5th
Edward ard, unless the rising be effected.
I Aod^ in that case, the conspirators, as well as
the actors, will all be equally puihy. For, in
high treason of all kinds, all the participts
\ cnminii are principals/'
l| ** It must be atiuiittcd that conspiracies for
these purposes have been adjudged ireason.
But thoj^c judgments were fonndeJ on the tem-
p^mLry act of 13lh FJizabctli, which made
comp&ssing to levy war, declared bv printing,
writing or advised speaking, higL treason,
diirinc the hfe of the Queen,
** liicrc was an act in the 13th Charles Snd
to the same purpose, on which some prose-
cutions were founded ; hut that act expi'cd
with the death of the king/'
You sec liere, gentlenieij, this learned aiid
respectable judge, a man of great eminence
and character, laying down, in clear and ex-
plicit term?', the very distmction which I have
taken the liberty of maintaining* It is tlie
distinction between a conspiracy to levy war
I aimed at the royal person of the king, and a
conspiracy tu effectuate a rising for the pur*
^^wi«e of redressing some grievance, whether
M^mI or supposed, or of whatever nature it may
H^^ In short, every conspiracy, which, if car-
' fted into effect, would aeccasarilv expose tlie
VOL. X.MV.
L
pcrion of the king lo danger, may be held
treason. But it is admitted by every lawyer J
who has treated of the subject, that levying
war is of two kind^ ; the one is against the
person of the king, and even to consnire ibis^^
ahhough such war be not aelually levied, ii
yet treason. Another kind, however,
against what is called the majesty of the king^
or against him in his regal capacity : and iiii
u) ere conspiracy to levy this, if nut artutilf
levied, is not treason, because it cannot hi
con%tnJCtion come up to be a compassing <
ima^^ining the death of I he king, so as to fall
under the slfitule of Edward 3rd.
This, gentlemen, is a point of the titmosi
impurtiiuce, and it uiay be an arduous matte
indeed to say wiicrc the line is to be {Irawn, if
you do not tix it in the very way that is tio
by the learned judge, whose words I hiivi
just now read to you. If any farther lalilud
is to be admitted, I do not know what tlicr
is, that may not be construed into a conspii
racy to levy war, so as by forced nnplicatioit
lo be held a compasMug or imagining tha
death of the king* An intention or design I
resist or obstruct any one branch of the civii
authority, or executive power of the statCj^
may be said to have a more or less immediate
tendency in its consequences to endanger thfl
person of the sovereign, and in that way, by
very strained construction, may be accounte
a compassing tlie death of the king.
It is fearful even to figure the dangers and
mighty evils to wtnch tliis might lead. If wi
do not draw a clear hue, there is no saving
how far it will reach ; and this may call
your mind, the wise admonition 1 read to you
from lord Ilale. ** How necessary it is, tha
there should be some fixed and sctlled
boundary fur this great crime ot treasons
and how dangerous it is, by construclion and
analogj% to make trea>*ons, where llie leltef
of the law has not done il ; fur such a mrthoAl
ad mi Is of no linyts or bounds, but nms as faftj
as the wit and inveuliun of accusers, and ihs
odiousness and delestalion of persons accused]
will carry men,"
Besides what! have read to you from Mr,*
Justice Foster, there is on© other authorityl
which 1 must beg leave to state, and it is that]
of another very eminent and respectable]
judge, 1 mean sir Jolui Holt, w!io was lord 1
chief justice of the court of Kind's- bench iaj
England, durin-j; ihe reign of kuig Willium.
lie presided at the trials of several diftercnt
persons who were accui«d of the crune oC
high treason after the Revolution; and^j
amongst olbcrs, in lite case of sir John Friemr
who was tritd for beinj^ concerned in a coti*
spirttcy against llie
I Vc tender.
In that case, when summing up the evi-
dence lo the jury, lord chief justice Holt layi
down the law in\he folio wing words : *• Then
there is another thing that sir Jolm Friend
did insist upoii, and that is matter of law:
The stiitule of 26th Edward Srd* was read^ {
K
kujg, and lo restore tho'j
131]
U GEORGE UL
whitih is the greii statute about treasoDS ; and
^thgt docs contain divers species €>!' ireaaoa,
1 declares, what ^hall be treason. One
on is, ihe compassing and imigining the
^dftth of the king ; another is the levying war i
[_^ow» says be, here h no war actually levied ;
la hare conspiracy or design to levy war,
I not come within this law ao;ainst treason.
Qfow, for Ihal^ T must letl you, it' there be only
» a conspiracy lo levy war, it is not treason,
I Bui it' the design and conspiracy be either to
kitl the kin^, or to depose him, or imprison*
> or put any force or reslrainl upon him, and
the way and method ofeflecting of these, is
LbjT lcv\nvf ii vvAr ; there the consultation and
to levy a war for ll^at purpose,
I btg I , though no war be levied ; for
Buch coimuitition and conspiracy m an overt
^ act, provmg the compassing the death of the
\ king, which is the iir*t treason mentioned in
I Uic stitulc of the 25lb of Edward the 3rd. For
) the wonU of that statute are, that if any man
shall compass or imagine the death of the
king. Now, because a man designs the death,
deposition, or deKtructioo of the king, and lo
h that ileaign, agrees and r '' -ij fevy war,
'Snd tins f^bould not be ti >n if a war
be not actually levied, is v i > , ^ . ., ^c doctrine,
and the contrary has aKvav«» been tield to he
Jaw. There may a war be levied with^mi rmv
design upon the kin«*s nerson, or c :
of il, which if actually leviH is hip ;
but a bare designing to levy war, without
morc^ will not be treason; as, for example, if
persons doasscmble themselves, and act with
Ibrr*' in opposition to some law which they
think inconvenient, and hope thereby to get
it repealed, this is levying a war and treason,
t though purposing and i}y- <»t so ;
' when iiiey endeavour, in , with
force to make some reforiii.i.uuii ui uivir own
bea<Is* without pursuing the methods of the
law, that is a levying of war, and treason;
but the purposing and designing it, is
uol so."*
In this clear and per?»picuous manner is the
law laid dywn by tin 'ilea rued judge. It would
be easy for mc lo produce lo you variouia
ether authorities to the same purpose, from
tho*c who have treated uf the criminal law of
England; but I am unwdling lo detain you.
I have read lo you the words of lord chi«if
justice Hult, who presided in the various iriak
for high treason, after lh« " ' " l'
and I have read to you tS.
roster, who *at as judge* in mi n f^.^ irn iir i-
aou ader the rcbelliou 1715, and from thai
circii"i->-'"'" frjd hisattrti^i"" ^^> rv,Mi...j,..i,
«allr anchofii
r lie ti' wrote a vu
lent trcaiisi. upon the sulijcct. A'
mea, you fmd ttu ^ di tiiiiiiishci
judgtis In very <i»>Unclion
flich i aui Ling your ullen-
• Soc Sir John Frieiid » case, Voh 13, p. 01,
oftbt5C:olkctioti.
Trial of Da^Jkfwnie
tion ; and which i^, that where the war to b«
Icvyed, is aimed directly ugainst the person ot*
the king, in order Id dethrone, or to depoitfe
him, then a contpicacy to levy such a war^
is treason ; but where the pur|)ose it merely
to make some reformation with force and
numbers, without pursuing the methods uf
the law, there, although the actual levying
sucli war is treason, yet a conspiracy lo do !»o,
or, in other wordi, the purposing and de^^tgu*
ing tt, is not so.
After having thus endeavoured to convey
to you a clear idea of the important distinction
wmch I have been here explaining, I must
now beg leave, gentlemenj lo call your atten-
tion to another principle regarding the law of
treason; and it is a principle the more
strongly demanding your consideration, be-
cause 1 conceive it to be of great moment in
the present case.
In other crimes, a design to commit the
crime, an intention or purpose of the mind to
perpetcate it, or even some step taken towants
the commission of it, does not con?»tttute the
crime itself. An intention to commit theft
or murder, Ijowcvcr it may mark the guilt of
the mind, yet while remaining a bare intention
it is not viewed m the same light, nor draws
aAer it the pmjishment of the law, a^iftbc
guilty purpose had been carried into efl'ecl,
and the crime actually committed.
In the crime of high treason, however, the
case ib dxii'creut ; and there the mlc isi, Voiuntut
reputatur pro facto. In treason, the circum*
staitce to be regarded is, tlie intention of the
mind. It is the purpose and debign ; or, in
other words, it ts the ^Ity heart, that is in
tins crime the object of pimishmcnt. Accor-
dingly, it is the tmitorously compassjing and
imagining, tlial constitutes the oti'ent*^, and
the overt acts are only viewed as tlie evidence
of the traitorous intention.
So clearly is this the principle of the law,
that if a person was to put lo death the kin^y
tlie indictment against him would be laid,
not lor committing that most atrocious act,
hut it vvtuld hv laid aLMin>l Vara fur coropas^
sin' riig; aind
tli« rtt act
to pruvtd tlie cumpuHbiu^^kMJ itua: it.
rVltcr the rcsiorution, when tli .^^^
came Vj be tried for the murdtir ol k
(!haries 1st, ihe indirimrtiiwas not luidt «
n4
n iif fi'^.iiii ill iiH. Kingf ;*rm thc
h< Its head was laid as one of Uie
!l siat«:d by Mr. Justice Foster,
s ** Mir II. riMinc ni musicbariBO
rly eOQi^ia
tanddbarta
the srv 11 ployed
by tJR iitocttua
pi< >sVd«n!d
fiv fueaoa
made UK; ol to c
]
laaj
for High Treason,
bttft. And^ therefor^
rektiies^ the indictmetjt
iuT traitorously compaas
[ iiMirrr ' h oi tlie king. And tlie
ing gflbi^ Ueay waa laid, among others, as
l«i«rt aet of cooapaaaing: And the person
was sufiposed to have given tbe f^troke^
I comricteo CMi the aanw indictment.''
I a Itille afterwards, be adds, ** The star
tnfUmtam biiUi with great proprk^y re-
ihm mle^ VoluniaJt pro facto. Itconsi-
Ibe wkked imaginatians of the heart
iilbe dama ilegrce olguiit, as if carried into
MtoaJ execution^ from the moment measures
to have been token to render them
la llie crtma of tre^on, therefore^ the law
fanideffaaiid looks to th« \»tcked imaginations
alllia faattrt; mid tlie overt acts are onJy the
asJind evidtixt; ol'llie Iniiturous pur-
From this it necessarily lo]li>u-4, and it
ygaalkmeOy V iilar attention,
laal lo logr ebafgo t ^i^on, and in
tag tlia overt ^.^^p .i.ij, and the proof
L ill supfmrt of tliem, the ^reat and inv
ot^iact must be, to weigh, with the
■I caiilioitd deliberation, the nature o( the
t and iuilLir Ih-w (ai Uk*t are sneh as
canj a cujx of a. Jury, of
thiwkk4Nl . *'se in thcpcr-
iiqM^^UMdifii iOinp^nMUgaud imagining the
teUmf the king.
GcntJrmen, 1 mu.^t entreat your attention
ta lina« for it is of |;Tc;it importance. You see
Ihm ptmcifik o( the law i», ti)»t it is li)e trai-
ptarfKite of the mind, which ubnc
Umi offooee* 1 lie overt acts are
I |;>roofsof that Iraitoroiia ptir-
^ibL Itertfore, ♦** '^•"_' to he consi^
I y^ M ttature, t 1 1 , and import
ov«it acts; anu „,,,.., vT they uitord
and convincing proof, that tliey
lcu>nori)v hint r»rucccfled, from the
ai^l M>n of compassing
jiumi « the king.
Ill lite |irc»e&t eadc, l^te tpedes of treason
dMBfid 1A» tba cofupassfii? and imagining the
itttS or "
oClbe kingf an
bo ^njch^HJ^ ti
ipr.
ti an olff f i
Hia
're, the overt
to prove that
11 Ue of no sort of
r as it can connect
: ■ >>irg Jtnd
to any
, v.* .... avail. It
">ie, or mav anxntnt
: kind ; but where
, m iupport of an mdiclmcnt fur rom-
_ and itnatritunj, it iim^t luvtrv^arily
i|i|i3r 19 that, ' 'is can be of uu
'i| in proof' i;o. In short, the
ptjrpowr I irt constitutes tht^
and a j i be !*ure of thai
purpose m lliC pu>un accursed, befuie
^UlfeoOfh . that, in
mkn cnm* i ^i ilic
aifti diica net cpniuiutc ; 'that
A.D. 1794. [131
it is requisite the intention be actually i:arried
into ctiect, yet 1 niU5»l at the same time ob*
«erve,that in ail crimes whatever, the greater
or lesser degree of guilt in tlie mind, ei^sen-
lially varies, and changes the extent of ihe ot-
Ituce. '1 bus, in iKJniicide, it totally depends
upuu the intention of the heart, whether ii is
to be decnjed any crime at all ; or, if a crime,
then of what nature Uiat crime is. The effect
ia the same, for the man is killed ; but the
person who killed him, m "v ht' amity or inno-
cent, according to circu If he 1ms
killed him by mnocent r, , or in ne*
cessary self defence, he is guilty of no crime*
If he has killed him only upon pmvocahon,
and in sudden passion, he is gudly only of
manslaughter. If be has killed i«m of design
and from nrdVice prepcmct cs malliia pn^^o^i^-
idia^ it is the atrocious crime of foul and de-
liberate murder. The whole colour and conv
plexion of the ofteuce, in sljorl, shifH and va-
ries acconiing to the degree of guilt m the
heait, from which it proceeds.
In treason, however, as I have already
shown you, the very essence of the cnnie hes
wholly in the wicked purpose or intention.
It is not necessary, as in other crimes, that
the purpose be carried into effect, but tlie
very heart is to be looked into, and if the de-
liberate and wicked purpose is found there, it
b the crime of treason. The law requires, ifK
deed, that the traitorous purpose must be ma-
nifestcfi proTjeubiement by open deed j that is
to say, by overt acts sufficiently proved; hut
as it is the crimmal purpose thai is the object
of punishment, so the overt acts are onty the
manifestation of the traitorous intention, and
arc not to be regarded nor held of any weight,
excepting in so tar as they amount, to clear
manifest andunequivucal proofs, of the wicked
purpose of compassing and imagining the
death of the km^.
My lord thiefjustice Coke, in the 3rd part
of his Institutes, where he treats of the crime
of high treason, frequently repeals the maxitn,
Actui non jAcU reum nisi mciu $U rea. His
not the deed that makes the guilt; but it is
the guilty mind that conili lutes the crmi
You are to look, therefore, gcnt)puien, tu tf
intentions and imaginations of the heait. You
are to consider the overt acts only in so far a.**
they may manifest the witkcd intention. Vou
are'scrupulously to weigh the overt act^, and
consider whether they alFord proof of that
wicked, dehberale, and ma lit louH purpose of
the heart, and whether they carry home to
your own minds and consciences a clear am*
full conviction of the compa5*singandimajgii>
in^ the death of the king, wiiich is tlie crir-
charged in this indictment.
GtQtIcmeo, I have dwelt the longer upon
this and have cnfurcr<l the more larnes^Uy
the principles I hii\ ', beciiusc I lliini
they are peculiarly ' to a c:isc sin
as the prcscnL In wri^ Muiiitrneiu wher
the fpccies of treason cliargcd is the conW|
passiuig or nuagiaing the dc^ilh of the kr
135]
S4 GEORGE III.
Trial 1^ David Dawnle
[136
Ihe overt acts la'id^ must be such as clt^arly
prove and raanifesl that tmilorous purpose.
This, as your own ^oud svciise will at once sug-
\ 5l to youj must be a very nice and dellculc
aattcr. Hard it is, to dive into the recesses i
pf the human heart; and yel, lUi yon do this,
ftnd see it in the cleare&t and futlekl ii^htf you
fcre not, as men of honour and integrity, enti-
ced to conclude, that guilt is proved, nor to
t>u.sign your fellow citizen to that puniUinient
Bfhitli is'due to xhtwr only who are truly guihy |
Df the crime thui is churG;cd. \
And this lcad5, gentlemen, to a considera-
Liou %vhit h I di'em of great importance, and
^viuch regards the nature of overt acts, as re-
Duisitc to support an indictment, where the
^arge is, the compassing or koagining the
death of the king.
There may occur certain times and situa-
|ions, where circumstances, which in them-
Lielvcs arc ,secmingly very f»bght, may yet \
iju&tly be held ^ucli overt acts, as clciirly and
I'Conclusively to prove and demonstrate the
] traitorous purpose But whdc, as I .^hall iuv i
t»lMediiUcly show, this not only may br, but at !
hCertain periods actually has been the case; \
►.yet, upon the other hand, there may full as \
kcertainly exist periods and conjunctures,
Inhere it would be dangerous and perilous in
the extreme, from any ci re um stances or any
^overt acts, other than those of the most infaU
rlibie atid vn^ambiguons kind, to form the con-
^clusion of guilt.
I think 1 may well and successfully illus-
.Irate this, by l»iking a very short review of
I tiie trials for higti treason, since the glorious
ijraof the Itevolutiou in IflBB. After king
>V illiiim usctuded tlic throne, and during his
jreigri, repealed attempts were made to over*
turn the govern mint, and there wexe even
•some conspiracies fur the assassination of the
king, Ju like manner, afier the illustrious
, Louse of Hano\'cr wu** happily seated on the
/throne^ diflferent cd'urts were m;ide by the ex-
, iled family and their friends, to excite rcbeU
k lion, and restore the house of Sluuri. This
produced, fust, the rebellion 171 A, soon after
the accessioi| of George Isl^ and atlerwards
the rcbdli^ 1745, during the reign of his
Jatc uiiijesty, king George 2nd.
Almost the whole cases that have occurred
of trials for liigh treason since the year l(JB8,
have arisen from themanv repeitteu^hut most
fortunately unsuccessful endeavours of the
exiled family to recover the throne, in these
triitls, much arLMinw ni .tul Jlsru.-tun seem to
have tj,krn pi i tt acts re-
quisite for prt , u; or i magi-
liifig tlje deaUt ot the kinj; ; and, m many of
these Citsr «, f,\ru and cjri umstauces appa-
rently vei have yet been helvl autfi-
ctcntton frstt»>r<'U^ pMrj»o*r.
tt IS nn/dJ.
lhrou£:li a nun. i
for com i of the
king. 1 1 - Icmen
haf procured a so mi k to trHQ>puiL ibem to
France, but were stopped before thry eot out
of the river Thames, and their p; d.
Among the papers, was found :■ r-
tendetfto be Uid before the French k:i!_ r
his ministers^ for invading the kingdoui ui i.i
vour of the Pretender, "with ni. .,
notes, and memorandums, all ten '\<i
same purpose. Lord Preston, ij.i» .i. ui|^iil,
went mto a boat at Surry stairs » in which he
was conveyed to the smack that was to convey
him to France, but was seized before be had
gotout of the river.
Upon his trial, lord Preston in^^ no
overt act was proved upon him it I *'X,
where all the overt acts were laid ; lor he wat
taken with the papers in the county of Kent.
But the Court told the jury, that it' upon the
whole evidence, they did believe that \m lord-
ship had an intention of going into trance,
and to carry those papers thither for the pur^
poses charged in the indictnient, his taking
boat at Surry stairs, which are iu Middlesex^
in order to go on board the smack, was a sui-
ticient overt act m Middlesex, Every step
taken for lltose purposes, was an overt act ;
and accordingly the jury found luni i^uill)*.
Here you see, that this seenungly trivial
and slight cucumstance of his takiiis: boat at
Surry stairs, was held a sufficient overt act of
the trea^Q charged; but then, you will re-
mark, gentlemen, that there beuig; a clear, de-
finite, and unambiguous object in view, and
to which the overt act was to be applied, so,
every step taken for accom that ob-
ject, was an overt act (i ,ns the
traitoroir i ^ x' .i V lo-
sing aii^: ■<[>-
jectin\it-", .... ,,jiv i, -lui.ii- i.M. *i.-.u.nJcr
wa*y utterly incompatible with the preserva-
tion and safety of the king upon the throne.
The papers and letters found upon lord
Preston clearly demonstrated what was in-
tended ; for they were written in prosc?cution
of certain drlerminate pur]^wics, which were
all treasonable, and t^icn in contemplation of
the otfenders. Any step* thereibre, even the
mto rrancc,
I and mani-
V! **If
France
I tl'urs and
uii iHUiruiid oi
taking boat at «S
was an ovt^rt act
fest. As mv '
any one can
at this time ui m
in such a manner, I leave to the jury's coD
bir1pr:Hl.»n "
through a great variety of other
Cii^ |^onthHthave occurtLil slmr the
Jlevohition, but it is altogether uu a%
they would only itlu'-rniic th» ng.
In all of them, lli en
to restore the cm ud
»*jr thii' (he
kirm ii> ,ic^
rid
%vu':u tiJ4i \vu.-i uic cMv^ uvcri ull^.^ even or ihc
137]
far High Treaion.
A. D. 1794.
[138
slightest k\f\(\, might be held sutTirient, U |
hemz impossible Urat any steps towards realo- ;
r'mg'^lhe Pretender could mean any thing less
than fiepo5»ing the king. |
Bur, geullcroen, it would he most unjust
and uvil'air, lo infer, that circumstances equally 1
slighti should be held sufficient overt !
acts, where the situation is v^idely different, i
mid where there is no such clear and deter- •
minate object to connect with a traitorous pur- I
pose. In order to fix the existence of the |
traitorous intention, it is necessary, that ;
there should, in the first place, be proof that
tlic object m view is clearly and certainly to
aftcct the person of the king. Without evi*
dence of such certain and determinate object,
it must be unjysit to suppose a traitorous pur-
pose» or to hold, as overt acts, fads and cir-
cumstinces, which may have had for their
fthject, something exceedingly different from
any such most wicked and criminal design*
it would be a dangerous thing, indeed, and
vrouUl be bringing ilic liberty and security of
the 5uhject into a most perilous condition, if,
upon the bare supposition of the existence of
a design to dethrone the king, and overturn
the government, any jury was lo interpret
into c>vert acts of treason, facts and circum-
stances, which, it there be no such object in
view, may be cither in themselves ahogcther
innocent* or at least infinitely less crirninal,
than to deserve the denomination of hi!*h
treason. It becomes you, therefore, gentle-
aen, and it is a duty which you owe to your-
elves and to your country, to proceed with
nicest caution and circumspection. Bc-
li^ou admit circumstances in the conduct
lay man, as overt acts of a treasonable
purpose in his mind, you must be well as-
sured, and have indubitable proof, that there
lid exist a certain and determinate object, to-
rards accomplishing which these overt acts
ended ; or, in cither words, that there was a
fixed purpose of compassing or imagining the
death of the king. Nay, more, yuu must see
that object clearly connected with, and
brought home to the person accused; for
her wise you cannot fix upon him the trai-
orous purpose, let the existence of the scheme
• ever so certain,
1 am much afraid, gentlemen, I have de-
lined you loo long with these general obser-
iations respecting the law of nigh treason,
piiy for the peate and tranquillity of this
ilry, wc arc little acquainted with trials
' this kind, and tlie subject being new to
Du, I thought it my duty to endeavour lo
itplain, as clearly as in my power, what I
onceivc to be the principles of the law of
reason, so far as any ways material for the
consideration of the present case. I shall
now proceed to offer you some observations
upon the evidence which you have this day
I heard ; and the attention* with which you
have hitherto honoured me, induces n^e to
llvpc ihut you will |>atiently listen tu what I
ikftve yd to say.
iiuec
^Hdid e
^Kmrd
^^Tcndi
Gentlemen, you have heard the indict-
ment against the prisoner read, and you have
heard it recapitulated and enlarged upon by
the counsel for the crown. It is very long^
and I will not tire you now by going over the se-
veral parts. I have already observed, that,
though branched out inlo a great number
different articles, yet, upon the whole, th(
only species of treason charged, is that oj
compassing or imagining the death of the i
king. Not being accustomed to this very
proUx form of indictment, I find my«elf lost:
and bewildered in its verbosity and cndlesi
repetitions. I presume, however, that I
various articles or counts, into which it
branched out, are meant as setting forth
many different overt acts of the species
treason charged. In place, therefore, of f
lowing the indictment minutely, I shall ni
confine myself to those particulars which th^
prosecutor seems chiefly to have rested upoi
as llic overt acts in support of his charge, ani
to which, accordingly, the proof winch h
has this day brought, has been directed.
The first branch of the evidence adduce
on the part of the prosecution, was, as y
were tola, to explain and point out to you t1
nature and the .spirit of the measures of Ihat
nieeliag called the British Convention, which
was held here some time in the end of last ji^
year. Evidence was introduced^ likewise, re^H
specling the objects of a society held in I>on^«B
don, called the London Corresponding iSo-
ciety, and you have had printed papers and
letters produced to you regarding certain
proceedings of that society. And the great
purpose ot all this evidence is, to connect loyH
getlicr, as Intimately as possible, the tieiv^^
and objects of that society in London, with
those of the British ConventioUj and the so-
ciety of Ibe Triends of the People in Scotland.
1 must remark, gentlemen, that in all thig,
the counsel for the prosecution have taken a
very wide and extraordinary range. Societies
in two distant and different parts of the united
kingdumy, are thus endeavoured to be blended
together, although composed of individuals
totally different ; and every measure adopted
by the one, ts not only to be supposed the
measure of the other, but every the most
wild, frantic, or intemperate proposal or ex-
pression of any rash individual in the one, is
not only lo fix that character upon the whole
of that numerous society to which he belongs,
but at once to transfer and to contaminate
with tlie same character a distinct set of men
at several hundred miles distance.
I will not detain you by going through
the papers which were produced, and which
you this day have heard read, but I must take
the liberty of offering some general remarks
upon the' whole of this branch of the evi-
dence, and what weight or influence it ought
to have upon your minds, in considering the
case of the unfortunate prisoner at the bar*
whose life is now in your nands.
It is a fact well known to all of you, that
for a number of } ears past^ there have been
many p^soos wlio have tliou^t that tl>ere
were abuser rcquiriag correction^ and that
for this purpose certain reforms in the cunsti*
tutioD of pjurliiitneDt v/as necessary. Whe-
ther this opinion he wejl or ill founded, I do
not think it in the least degree material for
me to iiiquire, nor would it he proper here to
enter bto such a discussion, I shall be al-
lowed to say, however, that it is an opinion
whi<;h has at least extensively prevailed, and
haa been countenanced aad supported by
many pefsousy not only of the highest rank
and most re8t)e€Uble eharacterSp but men^ as
zealouslj ana sincerely attached to tlie go-
vemmeiit and constitution of this country, as
aay la the kingdom. It ha^ been repeatedly
the subject of aiscussion in parliament, and it
has been an object, zealously pursued by
many societies and bodies of men in difierent
part* of the kingdom, and this for a course of
years past, without incurring the censure or
ineeting with any check from government.
Indeed, while men act u[x>n an opinion , of the
justke of which they h.ivc an honest convic-
tion, and while ihey pMr^n.^ »hRt, in a per-
fectly fair, legal, ami < rial way* Jt is
impossible, that in tli« . ,_ ^:A happy coun-
try, they can meet wkh either censure or re-
prehension,
I have said thus much, gentlemen, because
I wish you to remember and keep it in your
view, thai every man who is friendly to ru-
form, and even zealous for promoting it, is
not upon ll*at account, to be set down as a
perikOA entertaining hostile intentions aguinst
the law and government of the country.
There are many persons warmly attached to
reform, who«e views arc not cmly the most
pure, and whoee love of the constitution is
i>ot only the most thoroughly sincere ; but
wlio, from their very ardour foe preserving the
COD !»titu lion in its utmost purity, cherish the
idea of reform, and pursue the completion of
it with enthusta^uc teal. Whether their idea
be riffht or be wrong, it js of no consequence.
While they pursue it fairly and honestly,
thnr certainly ean incur at least no blame ;
ancf I earnestly request of you to remember,
that those who are friends to rcfurm, are not
upon Uiat account lo be supposed or pre-
sumed enemies to the constrtulion ; for if
you did, you would rashly mvolve in tliat de-
scription. Dot only many honest, sincere, and
well-meaning men, but also some of the most
^ure, the most enhghtencd, and the most ex-
ailed characters in tliis nation^
^ And, genliemen, 1 must beg leave to go a
little fmhcft and while yoti are to be careful
aot l0 pvesuoK, that men, because tbey are
fnetid^ to reiorm, are therefore hostile tv go-
jwrtnmenT, 1 mun entreat of youaisotorcflpcr,
iit m assemblies u{ men, you
I ooi ■■\r\ that tlic tJttraviiganl» the
wililyOf liti ae opoiona and idcaa
of some, u.; |>iQjonf and >dew of
every ci^ person of wfanch thi loclety
Trittl of David Dowtiie
or meeting may he composed. In all
such numerous assemblies, there will often
shoot up violent and turbulent spirits,
whom the more sober and moderate tnay tor
a time be unable to resist^ but because such
intempei^te men may for a while rtile, and
give the colour of tlieir own minds to the
proceedings of the meetingp it would be hard
to condemn the whole, in one inihscriminate
heap, and so involve the innocent with the
guilty. Let every mun be responsible for
hiniM^lf alone. In common fairness and in
justice, we ought to separate and discrmii-
nate; and till a man is proved to be himself
guilty, do not let us involve liim in the guiU
of another.
We have heard much to day of what parsed
in the meeting at the • i-
nuary last, and of the pr
farm upon 14th April. 1 um exct r
from wishing to vindicate those
and still less will I attempt to ju^jiisy uxir
wild and extravagant proceeding!? ; buU not-
withstanding Ihia, I am willing to believi^
that there must have been many individuaii
who, however well disposed lo siv*'^"» *f _,
cause of reform to a certain eil* I
never have adopted any vioh'nL t
derate ideaa of the leaders of i
but, on the contrary, if they ,
such tarther pursued, or about W he sortuual;
carried into eflect, would at once have rrsist
ihcm with their utmost force, and if ' >
ful in that resistance, would insi . ve
relinquisheil and abandoned a HicieLy, vvliobe
measures were not calculated to promote re-
form, but to produce anarchy and confusion.
You have been told, gentlemen, that to-
wards the end of last year, and in the begii^j
ning of the present, the object of the dilFcre
societies for reform, came to assume a new
appearance. The obtaining a reform of the
representation in parliament, was still held
out as the 05te»sible pretext, while, in facf
as we are told, more daring and criminal
signs were secretly in view. In short, it is
said, the plan was, to assemble what was lo
be called a General Convention, to be
posed of delegates from various societti
meetings and a&semhiies of men in diflfereot
parts of the kingdom, and which wa* intejided,
forsooth, t. ■' ;
initsrcpi' fo*
itself all ttic jijii' (1 n^cis VI a
tional legislature.
If there really did . xi^i .^ ,- -■- - •fsiB
it was not less wicked and crin
and 1!^''"-""'" *" ^ ^1*^ *'\lrrMii#> I
tip 01 ' '
nane, u
tional mil 'I
wL'iJ, .(lid I
and lo Like tlic requiMtc mcuurc^^ lor pre*
HI]
./br High Treason,
A. D. I'm.
[U8l
lii.
tplm
ffCitiiif lluU gencnd convention, v^hich, if it
ihfltfU lie actuated by so intemperHte a spint,
fl^j^ ^ fMtKlutCtivc of dangerous conse-
flUCTfg*. But ^hiJc I may reacJily admit this,
1 r ! f^ic pame time own, gciilJcnnen,
: my own ntind such a Jove and
ion, and
^t' of the
piopl* < , Li.nu tij iiit-ji iull coa-
TJCpin ^s of tb:it govornraent
1o oilertam an idea thai ) ed
eoofcutkin^ even iHt liau .. i. led,
it aetctr did, would ever have given
Qocurrrjice and support to any nica-
smtB mmtiii^ tinient^ or have gone a
li^fe aie{> i^i i to t^ke fair» Ic^l, sod
««MiiMtlo>ii«J ti*e4i6ufes for renewing their
U» iMMrUanoent for obtaining a
\ lemte lo say eealn, genttejneo, that I
Cir i-hiiig or attempting to
die V :> at the Olohe Lavern
Cliaik ij^rm i or in short of any'such
^ I ; and I think pvc-rnnient acted
iiy and wbely in usir - -r — ty pre-
I propaM getietaJ i But,
• |ifii4/«i^t!v -rMveTiuiK. ., .. -L^.aaur^ in
pod, rcmcuibcr, also, that
■I f . never did assemble ;
[caaooi retore^ thinkittg it ra-
bard i^ »-» with any certainty,
itld k^ve been the proceedings and
I of that Assembly, if they liatl
iMoughl toecthiir. \Vhat may be
il came of aiami as to what possibly
B^ can be no just gn>und for con-
X what was dreaded certainly
* V ' .1 tiie cotiventiun
I feel uiy mind^ nay, I
rn^taduiim, tmn r 1 t (unvenlion hud
r iaaieiiiblei), and jf i!j t v^ i c liny persons
Ibnned dani;<ji:i ^r criminal dc-
Ibey would hnvr 1 .'jtjJ their views
t»*!v ff isHir.itr<l iiiif ': .n^jjoiuted. When
Jm> ' It waA to be fi-
ts were to be pur-
must have pre*
td; and \prcs5ions, and all
tii«l^, fmUi, and iiiit.fn^»eratc resolutions
pfSHr9l9on» vViich had been before
I ^'' nished, as sound
rifar
the
«-f.r
When brought
they would
I oolcr men,
, which the
t ever com-
em that the
hirh they
rji* ur.'ji.
tiid rr
eomtitntion under
Jy waiskl be but ilJ^xchanged for anarchy
oa OQltfiiaioo ; that tiiis, however, would
la Iba tod eertaio rv^uK of any rash
tfteaipl Ut (oiliflttule annthcr in its place ;
tat aoT roqyiattc! and talutary reforms,
^Qokl ba best attained by those known
«i 1«^ mams which the conaitutton
««tf bad fnfnM; that Vbm deomod^,
if just in themselveap would ultin
be complied with; Ihalj iu ibe
while, they shouM learn to value tl»al pemcei^
security, and happiness which they enjoyed; J
and not, by im]rAtient and inconsideratal
Tiolencc, tear to pieces the whole fabric of 1
government, and involve themselves and their (
country in contusion and disorder.
Reasoning:^ so sound and ao convincing^ J
would infaUibly have prevailed; and at anj^l
rate, I surely may at least say, tliat it would!
be unfjiir to fortu ;iny unfavourable conclusion 1
MS t.i «lk;tt would liave been the conduct andi
J is of a convention, which it is ad»l
3 ver did assemble. The very purpose]
Qt tins mtcnded coovention, seems to haval
been, lo know and to collect the sentimental
of the friends of reform in different parts of 1
tl>e kingdom ; and as there is no doubt tha
the views ^f men were exceedingly difiereui^J
both as to the extent of any lelorm to b
sought, and as to the manner and time of up .
plying for it, so I thiok it would be unjust lo|
presume tliat the^ convention would havej
come to any Lrimlnal resolutions; and sUJi
more nnjvist lo presume that every set ofnieiL
who thought of sending delegates to that con*
vention, had no other view nor purpose^ Uiaaj
to supersede the llou^e of Commons, and t/§J
assume all the fimctions and powers of
assembiy.
But, gentlemen, I am afraid I have dweH
too long uiWQ this ; and I should not haval
ihouj'hl il necessary to say so mmh if wc had J
not this day heard at ssudi length of the prtM J
ccedings at the Globe laveru, and at Chalk«
farm, with the view of assFmilating the spirit
and purposes of those meetings, and of th«
intendea general convention, with that ol
i^ome of me meetings and societies of tha
Friends of the Peo[>le in this country.
For this reason, I thought it my ilnty, toJ
trouble you with the observations I have sug» J
gested, m order lliatyou might not be apt r
lorm loo hasty conclusions j tJiat you n ' '
not be led to suppose criminal designs wll
the clearest proof; that you might not trana^
fer the guilt of one man, or of one set of men,
to another; but that you might di^tinguibi)^^
and carefidly consider, what is the real i
and amount of the oflcnce, and whctlier i
the being guihy of that offence, U broughl]
home lo the person accused ^
With regam to the prisoner now at the 1
he wais no member of the London Corres
pondr ^ V, nor had he any concern uij
the I > cither at the Globe tav
or at ;^ Hi. IV 1,1 111. Indeed, no such thing
even pretended ; and ii*« to his having been al
member of that meeting called the BritLsl||
Convention, which assembled at Edinburgh
in December last, you will remeoiber, tHal'
this day when I opposed the admitting any
proof of that, I was told by tlie gcmtiemen on
the other side, that they did not care whether y
they proved Mr. Downie a member of tiia^
British CoDvcatioa or nut, beca,v\^ «XV W^rj
143] 3i GEORGE IIL
Vished for, was to hhow you wliat llicy wcrr
piciised to call the genius^ ihe spiril, and the
views of thai meetinp;. In short they did not
^niean to criminate him on thai accoiint ; anfl
indeed they could not, because, in the prose-
cutions before the court of justiciary against
certain persons for having been in that con-
vention, the crown had adduced Mr. Downie
as a witness in support of that prosecution ;
and having there given his evidence fairly, he
could not be himself prosecuted for that oi^
fence.
After having laid before you some of the
proceiJing^i of this British Convenliou, tlic
next thmg endciivourcd to be proveii, was,
that after this convention had been disperbetJ
by my worthy and re ^ pec table friend the lord
provost, in some place where they had ais-
sen)bled in Edinburgh, they again presumed
to meet in another nUce on the south side of
the town, ami whicfi place being out of the
i jurisdiction of the city magistrates, the sheriff
went there, and again dispersed them. After
this second dispersion, you have heard, that a
number of these people went to a Mason
liodge in the Canongate, where they held u
fiort of meeting, and afterwards once or twice
Assembled somewhere else* — You have been
farther told, that there was formed what was
called a Committee olUnion^ consisting of
delegates from the dilTerent societies of the
Friends of the People in the city of Edinburgh
and its neighbourhood ; and the object of this
committee was, to carry on the purposes of
fcform. This Committee of Union being
rather numerous, nametl a small •sub-commit-
tce, which was called the Committee of Ways
and Means, and of this Committee of Ways
and Means, Mr. Downie, the prisoner at the
bar, was a member.
Now, gentlemen, I besj leave to repeat
a^ain what I formerly said, — that I have no
wish or desire to vindicate those attempts to
continue such meetings, after they had been
checked and disapproveil of by the govern-
nveot of the country. 1 am very far from
commending that spirit, and you raaj lix what
blame you please upon it ; hut you wilJ take
care that out of your dislike and disipproba*
lion of that, you du nut ^o a step beyond
ivbat vou ought to do, and connect it witti
k ivhat it luis no real connexion, 1 mean the
triine of high treason. 1 dare to say, that
Ihere were many Friends of tlie Fcoplc'in tliat
CoRiniittee of Union, who had not even ao
idea of employing force and arms against Ihe
. c^overnment of the country, Ihcy liad it im-
V ' ri their minds, that a reform was nt'
nd, in the breasts of some violeni
^* liut-, ii)cre might - -^ — '-i -vcn crimi-
nal designs ; Lull Uat in ttic
§i-^;it i..nJr,i,,,i.- .:,r ,,,,. ._.^ not even
ic I trying, by force of
ami ii lh<LV wi^IiL'd. As
they Qi9$t co-tiUidjf iiid caccv^tugly wrung; j
Trkl ^f Damd Downie f 1 44
but what is the ainotujt of that wrong ? Let
it be punished accoriing to its degree of de-
merit; but, from that circumslancc of their
iiiPcting privately, when they could not do so
publicly, do not conclude that these men
were inlrndmj^ high tre^ison. Do not confoumi
two things which are perfectly separate a\id
different. Let the boundaries of crimes he
kept clear and distiiKt. Let each meet with
its proper punishment, but do not mistake
one for another, nor construe into high trea-
son, an offence that is infinitely less criminal;
It will not be ^aid, that any proceedings in
this Conimiltee of l^nion were more culpable
than those of the British r.M ■ ' ■. which
was dispersed ; and you ha\ Llcmcii
that the measures of that ^ .,,,.,. .ui wTre
not construed to he hi^h treason, M.irj^'Jirot,
Gerrald, and others, w^io were active in that
conventiouj were brou^^ht to trial before the
hij;h court of justiciary : and the crime charg-
ed against them was )»ot treason^ but only mj-
dition. Had it been treason, we should nave
heard of it as such ; but they were tried and
punished for sedition, and are now aurterinij
the punuhment of that offence. Nav, farther,
even those persons concerned in the proceed-
ings at the Globe-tavern, and at ^ ' " im,
if they had been supposed guilt) i*
son, would have been prosecuttfl au-i mcd
for that crime, and yet no such thin^ has
happened. We are told, indeed, there is an
intention to prosecute them, but of I hat you
most certiinly have no evidence; and you
have no right' to hold, nor conclude, that the
members of this Committee of Union, were
guilty of at least any greater offence, than that
%vhich, in the members of the liriiisli Coa-
vention, was found to be only sedition.
And here, gentlemen, let us attend a little
to the evidence regarding the Comtuillee of
Union, and the Sub-corn miitce of Ways ami
Means, The fir^t wiiin '" ' George
Ross, a clerk in the i -*\ ami
whokeplalsoa kind nt uivirn, svm.il thetie
committees were accustomed to muH. Not
havinc been a member himself, he is not cer-
tain whether there were two committees, or
only ou(*^ but that he heanl of one called m
Comiuittee of Ijnion t thai he has sc^n Mr.
Watt, Mr, Stoke, Mr, M'Hwan, Mr. nownte,
and Mr, Bon throne, present at th >«
and that Bomrlimcsa greater nui d.
cd. He mentions that he reccivi ir,
Stoke copies of a letter from ihf; kU
ing Society at LoiH^ ^,
and which he diii io
r 'V > • nd
ri
Ul' nj -J-H.^ t>04
th III.
n '. ':.«
P, of
were tiiJ^pcrscd, iiraty by tliv lord pruvost^ ^Lud
Jbr ITigh Trtaton*
A*D. 1794-
[I4fl
i Ir.
r^fj
-t^j
m
^ lie says the object
vvas^ to keep up a
It societies in
lie understood
Ui t lo be for the
y, in order to (Hs-
>^ coulmcled; to re>
i in dlstreaa^ and hke-
^>i Ds€9 of sending dole-
Ato In a Q^w coQvimtion. lie says^ it was
GkcwiM tfllked of, that the money collected
lou to bujr political publications; and that
iM»lhe7 purpose of Uie committee was, to col-
ha the »«i>IJments of the friends of reform
il milblJUKie, 90 as to know what their views
qhj^cU were, some dunking universal
too violent a demand ; aJid a good
«if *' ' il;, as to
Ifkawt'
Tbc tilu^) wnij'j^v, Nva-s \* uij.iiu burning, a
tfhiw>ttiiatley, a i&cmber, and the clerk of a
WxaelxoftlM Friends 'i ?»• ?*eopk at the
"■ gf Ltilh- He , that about
PQC^t aftr r tlif di' thr llri-
Coo^et IV
■OdMLir ' ' ,^. ■ - ■ • m:,. tic'e
rfUfiioii. the object of which was, to carry on
tlM|purpocc8 of refonu, by an application to
■KtiMsent. He re mem berg also, of there
Wuiga coUeciur appoinrcd, whose business
«■% 10 a»lloct the &entunents of friends as to
nhnm^ and to collect money for the rchef of
M ^-*. L% and other *uch personss in di*-
t* Kit the monc^ was to be applied
1;^ UM? c<'[iimittee of rmon,
' Anibitf M'Ewan, the fouilh witness, is a
<■'*' ^ -'th ind a member
of the Peo-
- ..ic uf the dele-
uj the Committee
I iidcd the meetings
I the house of George
iluit thid Committee of
Vviom €kmhQ a ^ub- commit tee of seven, and
tliBt th^te were Mr. 5luke, Mr. Burke^ Mr,
Watt, Btr. Ailcheson, Mr. Downie, Mr. Ooii-
, and bitntelt; nnd that the' busiuess of
\' to pay
— *-, lug, and
Mil iniiiMa, Is WilUam Bonlbrone,
, ^rv\ t rr^^frihpr of the society
i^le at Broughtoii,
ly i>enl delegates
I, and tliat he was
ewise one of tlie
^d hifi account of
c the same with
, I
uciibcs uien-
uer* was un-
1 for the
ver mo-
10 i>t under the
tAauunation of these
■attht^^v
if a aooety
ptm MOt hjf th;<
Mf thml con
U<rt.
witnesses* you would perceire, gentlemen^ ^
that the prosecutor put Uh questions in surJi '
a manner, aa to ! ' ; ', ' i
g;reatdeatof w: i'
its being an objtxi ui urmj tuuinii[iLt.>j^ lu rui*
lect money ; but I tliink 1 can nio^i »ucces^ 1
fully meet him upon that head ; and when,!
you shall fairly consider the evidence, I anp {
confident, gentlemen, that you will be of n»y j
opinion. f
1 believe you will rr udilv admit, that thgi
collecting oftnoney -' cr be criminaVl
or, on the other hau y innocent, aqii
cording to the purpose for which it was iutendn
ed. You know very well, that for a numb^j
of years past, the object of obtaining a reform^!
has been pursued by many societies, in manjf 1
^r' and whde it ifT
; ] and coustitu^l
iiuuai iiu;;tu>^ HUJIU f-Hii m: mj rOOm for anj
blame or censure. Men may differ in opinion
as to the neccniUy of reform . but their righ^
to seek it in a Ic^at way cannot be qiieUioned^l
In order, however, to carry tbrnnf^h and t<f j
support the fuir and legal appl r ihifH
purpo*€^ a fund is requisite foi . ^ ^^#1
unavoidable expense ; and accordmgiy^ cvtiri
since the idea of a reform has existed, tlicrc'
ba4^ nut been a society for that purpose* in anj
part of the khigdooi^ that haj not coll^te4
Mch small sums, a,^ they were severally ahj^ j
to contribute, for bearmg their share of that |
expense; and it will not surclv be eitld, tha| 1
in doing this, there was any thing either en* J
minal or improper, |
But you wUl, perhaps, be told, centlcnricQ, J
that in this Committee of Union, ihe collect* j
ing money could be for no such fair antt ]
:l
.!.. i , ... ' ' :.,'■, 1 ■ 'I ■ ; 1 ,', ;;i--
burgh havmg been djspcr^d by tiie civaI maf j
gi^tralp, M» this subsequent meeting, undef I
the name of a rommiltce of l' nion^ could ool J
have *m view to collect money for ajjy just o^ |
legal purpose.
I rau&t confess, gentlemen, that I do pqI J
in the least feel citlw * Lice or Itie forcfj
of this reasoning. '1 1 11 by parharneial j
could not in the leaM ut^^rct^^ prevent nor ren#
dor illegal , a renewal ol the application in 4
constitutional way. Are these people to h% I
held criminal for thinking that they were a| I
liber ly to apply again to parhament for a re* j
drcbs of llioi^c grievances, of which theyi
thought they had reason to complain ? Nay, j
further* it they sliould have thought that aa j
applitation to the House of Commons was in J
vain, what m'as there in law, to hinder theni
lo petition the king ? VVhat is there lo hin»
der any subject or set of subjects in lbi» I
realm to petition the king, if Ihev do so in »
dutiful and loyal manner I I hold it as an in* I
hcrent principle in our constitution, and £|
will mamtain it to be the unquebtiooabl^
birthright of every British Bubject, to go 15^^
the foot of the thMiae, and dutifolly to ^etip^
L
147]
34 GEORGE m.
tion his «>vereiff:n. This has been mentioned
AS one view which these meetings had ; and
vrlll it be sjiid, that this could be criminal r
Can any one presume to blame this ? Or to
! ^ay, that a petition lo our most gracious sove*
Tcign is to be interpreted into a design to
compeJ and coerce hiro, or to be constnicd
mto a treasonable purpose ?
We are told, inaeed, that a reform was but
the ostensible pretext ; and that while these
flocieties and meetmgs held out, that they
were to support the constitution, as estab-
lished in King, Lords, and Commons, yet all
this was no belter than a mere dbgiiise, and
that at bottom, nothing else was meant, but
to pull down the king, and destroy the consti-
lulion. I cannot believe, however, gentlemen,
that sil ting as a jury, you will think yourselves
entitled to form any such conclusion, in the
facp,and directly against the plain meaning of
^ords, and the fair expressions of these decla-
rations. If there truly was any such wicked
purpose, it could only be in the secret minds
•»r a few wicked men, enemies of their coun-
try : and I am confident, you will not, for a
moment entertain the belief, that ttiosc nume-
rous |>er9ons who composed these different so-
cieties^ were acting throughout under a mask^
and had nothing else in their view, bat the
everthrow of the constitution and government
df this country. I will be bold to say, yoti
mre not warranted, and cannot, in good con-
iciencc, allow yourselves to give effect to such
Rn idea, nor lo'pul so harsh and unfair a con-
Atruction upon the intentions of the friends
•f reform, m opposition lo their owd clear,
explicit, and solemn declarations.
And, in order to be compleatiy satisfied of
this, I must request you will attend lo the
evidence you have this day lipard, as to the
mmount of the money collected by this com-
mittee of Union, All the witnesses mention,
^ that it wa^ ■' ^^'^T^lylriffmg,and that it con-
sisted chif v pence, paid at the meet-
^kigs by the ^.;.v.cx.i members. William Bou-
I throne in particular, says, that very little mo-
I »ey was collected, and that the whole object of
I the collectioa was, for discharging some triHing
I liebt already contracted ; and that after paying
' this, the rest was to be applied for relieving
I Win. Skirving, who was in a very necessitous
iituation ftfiir the banishment of ber hus-
[ l>and ; and for defraying the expense of send-
ing a delegate to a new convention. The
iirery largest sum, if it eaii dcirerve the name
I ©f large that at any^ into the hands
^ of the committee «. surer, was 15/.
[sent from Perth by \. c>., i ...ular, whom you
[ ikeard examined as a wttuess; and he trliK
• IfCtXi. t\i',i\ it u^^w rnTl* rtrrl. rin<l '-.i-nl '^.ili^'Jv i\^r
t
la*i!jin*otv
Heed ia cauipleuJy (idiculyud. It W4& cvi-
Trial of David Domig [148
dently a collection for no other purpose what-
ever, llian to defray the little incidental ejc*
penses attending their meetings, and for giv-
ing some little a»d to some of tTieir friends in
distress, such as the wife of that unhappy
man Skirving.
That was the utmost extent to which It
went: and^ou will attend also, gen tlemeD,
to the description and situation of those per-
sons who wen? to orerthrow the constitution
by force and by arms. Who were the persons
that you are to suppose, were carrying on
this darinij and criminal design I — Yoti hare
seen them before you this day; 'and I fancy
you will admit, that they were, for t>;e moat
part, of as low and poor a description as ever
were protluced in any place whatever. Where
then was the money to come from ? It coulcf
not be from these poor people themselves ;
and therefore, you have no alternative, but
eillicr to suppose thai they had here some
secret and unknown fond, or that a supply
was to come from England or from France ;
or you must conclude, that no treasonable
destgn was ever seriously in view, and that the
whole has been a mere imagination and chi*-
racra.
Had it been discovered, that these people
had considerable sums in their hands, or had
it been traced out that they had supplies from
some other quarter, or in short any fund that
could look like bringing about so great an ob^
ject as overturning the constitution, there
mi^ht at least be some belter colour for sup-
posing such 3 design. But it is admittea,
tfiat there is not the least reason for suppos-
ing that they had any fund, or any supply,
excepting what they collected amongst them-
selves; and when yon see how very trifling,
paltry, and incon&idcrahle this was, I presume
you Will have no hesitation in being fully sa-
tisfied, that it could never be collected for the
purpose of overturning government, and that
it could never be meant for anv ihing else,
than for carrying throagh the object of re-
form in a fair anu constitutional way,
T cannot quit this subject, without taking
notice of a curious circumstance, which coulS
aol escape your attention ; I mean, the person
who, we are lo suppose, was employed as the
ambassador of this Committee of Uniooi lo
travel over the country in order to form asso*
cifttion^ for overturning the stale. You have
seen thi?. saii' ' iflor, Mr. John I'airley,
and you havi n examined, and from
his situation in me, nis appearance, and hit
demeanour, you wiU con^Jde^ how Jar lie i»
SUr*- •' - «..r.Kf fr- -' •■-! with N»
ill' I t man
.1 I ... id
id,
try
he
cr
. .Un
K uig, U»rd^;mdCauaffiOii:^ uiouc coiuuiQU ILUD*
lo accom-
' empire.
jQf High Treason,
WIS the reconipcnce given to lliia
ciitial miaister, this nccociator, who
'i the latid, in order to
t hines ? Why, geiiU^men,
icc, Ujal il was no more
s sterling I Surely the
__ ^»*o»v ^i which diplomatic history
liiniish an ex^unplc. He goes from place
fruin Mjrii Iv in ^ik
trnll - ; ,_, ,and most
lOUd uo^ertakmgy he m return receives,—
I? — ^I'hc CDormous reward of fifteen shil-
I.
it, gentlemen, you could go into 6o
in ioejiy us to suppose, that such a per*
Id be employed on such a mission^ and
- i A recompencc, can you for a moment
iTO it possible, that t h eCom m i t tec, if they
had entertained such wicked and
designs, could be so mad and so ab-
eotnist to him so iraportanl and dan-
gaovt a ne^iation ? It is indeed too ridi-
adous to »dmit, even for a moment, of your
bdacl*; ftod affords only an additional demon>
tffitaoOy tkftt the holt and only purpose, which
tiie eocQtoittee hod in sending Fairley was, to
ttOect the seniusenu of the Friends of the
?eopI» as to the extent of reform in which
ihey would agree^ and to obtain some little
|<cooiafy ' >c through.
1 cooie M . in the third place
Idcooiider ta^i piun oi seizing the Castle, the
bisk«t ^^^^ other public offices In this city ;
«&d which is held out in the indictment, as an
eiffi Act of caropassing ut imagining the
idcmili of the king. It is unnecessary for mc
In fc£oiicit to you what were mentioned by
A. a 1794.
im
Ibfl wiiJie*'*-^ to hint lc€n the different ob-
jmU « ^1 have heard how
ihnf d* ler the prisoner at
lite \mt httti ioij to i\, 1 shall aAer-
wmh c<vTT* in the mean while, as to
the ^Ui Aiu sure ^^ou will agree with
ibe lo -, that it is one of the most
wiU, fcb'uiU, Liiid un|«racticablc schemes, that
€H9 cntirrcd into the tnincl of even the most
nd could never seriously
hy any roan of conmioD
I;M«bceft<
It ts iin(
mke JUiy h^
lKiil««d in
lo Witig thr
it
I, to understand or
n, A firo was to
lily; and this was
I he Castle, Then
ati<l «eize the Castle ,
!ihc offices were to be
the whole govern-
iicre were the peo-
' Have you any
rce ready to rise,
•> - - ' - :!or
IIS-
.._ had
lo such
' "^
this marvellous i»lan executed, whereby the
government of tnis country was to be taken
ty surprise? It was to come from Jiobody
knows where — and to be done by Clod knows
whom, ThisisreallysocomplettI ' ' =,
that it puts<»nc in mind of Mr. J; ^^
play, who fir^t conceals an army ni iviiii:>us-
fcridge, and then brings it to the door indis-
guise. In short it is a mere phantom, gentle-
men; the mere dream of panic-struck niinds;.
It is a scheme so whimsical and romantic,
that it never could exist in the mind of any
person whatever, unless, perhaps, in the dis-*
tempered brain of the unhappy man Watt^
who was condemned ia this place yesterday.
Nay, I do not eveii believe, that it was ever
seriously entertamed by him : and X must be
allowed to form a conjecture, which appears
to me by no means uostipportcd by proof.
You see, gentlemen, this Mr, Watt, in the end
of the year 1792, and during a considerable
part of the year 1793, going lo the lord advo-
cate, and lo Mr. Dundas, the secretary of state,
with a view to give them information of plots
and dangerous meetings in this countr)\ You
find him giving an account of plots, which
never had an existence, and giving information
of the disaffection of troops, where no di&afiec*
tion had ever prevailed. In short, you find
him creating imaginary plots, in order to give
himself consequence and lo obtain money.
Having been unsuccessful in these attempts,
and still desirous of pursuing the same object,
he writes lo the secretary of state, and like-
wise to the lord advocate, pretending that
he wanted 1,000/. for a man who could make
I a discovery of great importance. I presume,
?entlcmen, you will be satisfied, tlial if there
Bad been any such important discovery to be
made, Mr, VVall would not have failed lo bring
it to light or to produce or point out the person
who could disclose it* But the whole was i
downright fiction ; for neither the plot nor th .
man existed, nor were ever more heard of_5^
and Mr, Watt finding that he could neithe
obtain the 1,000/. nor get some post, which i|*l
appears he had likewise sol icilctl ; and l&nd<^f
ing all his efforts ineffectual and abortive^/
he then goes and connects luinself inortti
closely with the Friends of the l^eople; an4j
I do bcbeve, that if he had known or found!
any persons seriously adopting tliis ndicidou* j
scheme of seizing the Castle, ike. he would I
have gone to the lord advocate, and hava]
said, " Here is the important discovery t|
mentioned to you, and I hope I bball now oh»J
tain my reward/*
In snort, gentlemen, I leave this conje
turc to your consideration . but, forioy owiti
part, I cannot help tfiinkmg, that this wild '
and ridiculous plan was never even seriousl/ j
Ihoucht of by Walt himself; iiud that he wa«^
merely Iryin"?; tt* 'iraw weak and ignorant
men into a sceniiui; adoption of it« and then, j
lo make a sacnfitc of them to his own sordid '
and avaricious views.
But; gentlemen^ I have really oo oe:asioti !
151J
34 GEOUGE HI.
Trial of David Downie
[152
to inquire, what were the views and inten-
tions of Mr. Watt in this scheme; for unless
you can connect Mr. Downie with the plan.
It does not sigpify what it was ; and you will
therefore consider, whether there be any evi-
dence to bring it home to him, or to show that
he bad any accession, or gave any approba^
tion to it.
Tliere are only two witnesses who say any
thing as to this, and these are Arthur
M'Ewan, and William Donthrone, both of
them members of the Sub-committee of Ways
and Means; and who were both present,
upon the single and only occasion when this
plan was produced by Watt. They describe
very particularly every thing that passed at
that time. They mentiou, that it was not a
regular meeting of the committee, which met
only on fixed nights of the week ; nor was it
held at the house of George Ross, wliere they
Alwavs met. It was an accidental meetine at
the house of Watt himself, who had asKed
them to come and take a glass with him, with-
jout the least notice or intimation, of his
having any such plan to bring under their
cx)nsideration.
Now, gentlemen, there is one circumstance
liere to ht remarked, and unon which more
depends than you may at nrst be aware of,
and which is, that there is not only no evi-
deuce before ^^ou, there ever was the smallest
notice previously given, that at this meeting
in Watt's house, any such plan was to be
proposed; but you have clear evidence to
prove the very reverse. They met there,
either for conviviality and pleasure, or at least
for no other business than answering or
writing some letters respecting the cause of
reform.
At this meeting, the company consisted of
Mr. Stoke, Mr. Downie. Mr. M«Ewan, Mr.
Bonthrone, and Watt himself; and while
tliey were drinking their glass. Watt goes to
a cabinet, and takes out a paper, which he
brings in his hand, and reads to them, with-
out any preface or previous notice, and with-
XMi any of tliem, or, so far as appears, any
person else, having ever heard of it before. I
say there is no evidence, nor even an attempt
to prove, that any of the company ever did
hear of it before ; and if there is no evidence
that they ever did hear of it before, you are
most certainly bound to hold, that they never
did.
In this manner, you have the paper con-
taining this strange plan, brougnt out by
Watt from bis cabinet, and read by him.
Whether it was of his own hand-writing or
not, do«js not appear ; but it seems to liave
been understood to be his. Now, gentlemen,
observe what passed. Did Mr. Watt enter
seriously into a discussion of this plan, in
order to show the practicability of it, to ex-
plain where they might get money or numbers
to support it, or to suggest those different
means by ^^^<^h it might be accomplislied ?
liQ. Not a single s^UiRileof soy such thing,
but all at once, he produces this mighty plan*
and reads it, not at one of the usual meetings
of the committee, but at an accidentaljmeeting
at his own house. If he seriously wished for
the approbation of the committee, any man
in his common senses, would not have brought
it forth in this cxtraordinarv and unexpected
manner ; but would before nave had it in his
pocket, and have sounded every member indi-
vidually, previous to his producing it to the
whole,"^ assembled together.
And you will particularly remark, what
the two witnesses, Arthur M'Ewan and
William Bonthrone, tell you as to what then
passed. M'Ewan says, he immediately ob-
jected to the plan ; and that Bonthrone backed
him, but that Downie said nothing, so far as
he remembers, nor Stoke.
This is what M'Ew^ says ; but Bonthrone
mentions more particularly, that upon hear-
ing the paper read, M'Ewan said, he could
not approve, nor go into any plan that was to
create confusion, and to shed the blood of his
countrymen. And Bonthrone, as he tells
you himself, was so struck with the thing,
that he had scarce power of recollection any
farther than to second M'Ewan, by saying,
No, no ; by no means. He farther tells jrou,
that neither Mr. Downie nor Mr. Stoke said a
single word upon the subject, but were per-
fectly silent. And both M'Ewan and Bon-
throne agree in this, that there was not a
word farther passed. Mr. Watt, finding the
paper thus disapproved of, took it away with-
out any thing more, locked it up in his cabi-
net, put the key in his pocket, and said not
another syllable upon the subject.
This, gentlemen, is the fair amount of the
evidence of M'Ewan and Bonthrone; and
upon the account they give, which is the
only one you have ot wliat then passed, I
think you are not only to put the natural and
just construction, but I think you are bound
to put the construction most favourable for
the prisoner at tlie bar. Let me suppose, that
this had been a regular meeting of the com-
mittee, and this paper or plan was brought
forward by one of the members, after which,
without being supported by any body, it is
instantly opposed by another member, and his
objection immediately seconded. Now, here
then is a meeting consisting of five, one of
whom makes a motion, which, instead of
being seconded, is immediately opposed, and
that opposition as immediatclv backed. The
other two members remain silent ; and what
is the conclusion to be drawn from their si-
lence? Is it not plainly and unequivooinT
this, that they do nut support the original
motion, but concur in and approve of the op-
position to it }
Had not Mr. Watt, the mover of the bun-
ness, fully understood this to be the case, he
would have called for their opinions, and if
thev had concurred with him^ he would have
hacf the msyority. But he either was not st
ail scriousy or at Icftst found he could g«t M
153]
for High Treason.
A. D. I't94.
[154
support; and, therefore, vnthout any thin?
more, he replaced the paper in his cabinet, and
said not another word upon the subject. Nay,
ftrther, had not Downieand Stoke totally dis-
approved, we shotild have found them arm-
ing in support of the scheme, and combating
the objections of M'Ewan and Bonlhrone,
wliereas they at once acquiesce, and Mr. Watt
standing single, the scheme was totally re-
jected.
You will also attend to this, gentlemen,
that this plan was never agun brought for-
ward by Watt at any other time, nor upon
aoT other occasion. It never had been heard
of before, nor was it ever heard of after ; and
Bonthrone has told you, that he never con-
ceived it as a plan proposed in a serious way,
but considered it as a kind of frenzy ; and he
addf, that the committee never would have
adopted such a plan. In short, this ridicu-
Join plan never made its appearance, except-
ing upon the single and solitary occasion
which has been mentioned ; and then Mr.
Downie, in place of acceding orgivinj^any
support to it, did, on the contrary, acquiesce
ana concur in its absolute rejection.
And here, gentlemen, I must be pardoned
for troubling you with reading one other pas-
sage from Mr. Justice Foster, because it is
exceedingly applicable to the particular now
aader consideration. It is, where he is speak-
ing as to what the law holds an assent to any
overtures for compassing the death of the
king.
He says, " If a person be but once present
it a consultation for such purposes, and con-
cealeth it, having had a previous notice of the
design of the meeting, this is an evidence
proper to be left to a jury of such assent,
though the party say or do nothing at such
consultation, the law is the same if he is pre-
sent at more than one such consultation, and
dotii not dissent or make a discovery ; but in
the case of once foiling into the company of
oonspiraton, if the party met them acciden-
laUy, or upon some indifferent occasion, bare
concealment, without express assent, will be
but misprision of treason."
From this you sec, that the circumstance of
a person being once present at a treasonable
consultation, and there neither saying nor
doing any thing, does not fix a crime upon
him, unless he had previous notice of the de-
sign of the meeting; but if a person be pre-
sent a second time at such consultation, he is
held to lie himself guilty, unless he doth ex-
presslv dissent or make a discovery. The law
thereiore is, that the being only once present
at soch a meeting, without there giving any
express assent, does not infer the crime, unless
he had previous notice of the purpose of the
meeting; aud I am sure you will be under no
diflicolty of applying this to the circumstan-
ces of tlie present case.
You have most satisfying evidence, that no
pi^^Hnis notice, nor intimation, nor even hint
"f nny kmd, was ever given cither to Mr.
Downie or any one else, that such a plan or
paper was to be brought before them. It was
never heard of, nor mentioned before, but
Watt brought it out upon them by surprise.
Nay, farther, gentlemen, I do not think that
the matter rests merely ujwn Mr. Downie's
having given no assent; for it is perfectly
clear, that he did actually dissent, as, instead
of giving any countenance or support to the
plan, he at once acquiesced, in its rejection.
When in any meeting, a proposal or motion is
made by any member, and not seconded by
any body else, it is presumed to be rejected
by all the rest, even although none are at the
trouble of speaking in opposition to it ; but
when it is actually opposeu, and that opposi-
tion seconded, then, if nobody supports the
mover, the conclusion that all the rest concur
in disapproving of the motion, is certain and
infallible. And together with all this, you
will remember what an idle, absurd, and ridi-
culous plan this was, not meriting any serious
attention, but, as I think, brought forth by
Watt, with the treacherous design of inveig-
ling and ensnaring others.
I might here otlcr some remarks upon the
evidence of John Fairley, by which, tliere was
some attempt made to connect Mr. Downie
farther with the absurd plan of seizing the
Castle ; but T shall reserve saying any thing
as to this till afterwards, and shall now beg
leave to go to another point, and which is,
the making of the pikes or arms, those horri-
ble weapons which you had this day exhibited
to your view, and cannot be presented, with-
out impressing the mind witii horror and in-
dignation at those who could be employed in
such a business.
And here, gentlemen, I am sure I need not
tell such intelligent persons as you are, that
in trying the present case, you are carefully
to divest your minds of every prejudice, and
to lay aside every impression that may have
arisen from your hearing of, or from your be-
holding these weapons. — ^I'here are many ru-
mours, also, which yuu may have heard
without doors, and many an account of atro-
cious plots, that never had an existence. It
is difficult, I know, to guard against the influ-
ence of such prepossessions; but, on that ac-
count, it becomes only the more your duty to
be watchful, and to permit nothing but the
evidence you have heard this day, to enter
into your mind, when you arc entrusted with
the life of your fellow citizen.
In what I am thus taking the liberty of
saying, I am only following what was much
better expressed by the honourable judee,
who presides in this court, and who, in his
excellent and candid charge to the grand jury,
told them, they were not to allow any pre-
possessions, nor any cxtraneoub nmtter what-
ever, to impress their minds in the smallest
dcKTCC, but to throw aside all prepossession,
aim to consider singly aud only the evidence
that was brought before them. This was tho
wise caution the honourable judge gave tot&v^^
155]
34 GEORGE m.
Trial of David Downie
[155
Qd jury, and I hope 1 shall not be thought
doing wrong, \u enueavourlng to impress it
upon your minds. The gmnd jury had no-
thing more to do, tlmn to consider whether
there was sufhcient ground for sending the
matter to trml ; but yoU| gentlemen, have a
much more important charge, for you have
now tlic life of the prisoner in your hands,
and, in dbcharginj; Umt moht momentous
duty» you musl^ an3 I am sure you will, be
careful to let nothing enter into ygur consider-
ation but the evidence brought before you.
With regard to the circumstance of mak-
ing these arms, I will endeavour to state to
you tbe substance of the evidence; and I
trust I shall do it fairly. The first witness is
WilJiam Urrotk, a smith, who was a member
of Uie society of the Friends of the People, at
the Water of Leith, and one of their delegates
to the CommiUce of Union.
He gives you a history of these pikes frqm
the bcgimitng, and mentions, thdt being one
day in some place reading the newspapers,
stmebody there said, he heard arms had come
down for the Goldsmiths hull gentlemen.
Upon tbis, some other person said, they
should apply also for aniis; but thereupon,
Mr. Walt, who was present, said they would
not get them, but that he knew no law in ex-
istence to hinder them from getting arms for
Iheroficlvcs, Orrock mentions, that then the
conversation turned upon the report of an in-
vasion, and said he thought he could make a
weapon for liimself. — There the matter seems
to have droppe<i, but Orrock tells you tliat
sometime thereafter, he did make a weapon
for himself.
Orrock next tells you, of his being one day
sent for by Watt to come and speak to him
in the house of Arthur M*Ewan at the Water
of I^ith, and he then told Walt what kind of
weapon he had made, rpon this, W^att said,
a dirterent one would be better, and accord-
ingly Orrock made one agrccuble to Watt's
directions, After this, he brought up both
tliat which he had made for himbclf, and that
which he had made for W^att, to the house of
George Ross where the Committee of Union
usually met. He says he did not show them
to the Committee of Union, but that there
wats another room where others wore met, and
where he says Downie was present, To tliis
company he showed those weapons, and
somebody made a drawingof an improved form,
and he says he was desired, ami as he thinks,
both by Wall and Downie, to keep Ihatdrawfng
in his view in making any more. He next tells
you, that after he had left the room, and be-
lore he quitted the house, Walt came to him,
and repeated the same directions, and that
Downie was then along with Walt; and ho
farther says, that afterwards Watt came to
liim at his own hoi»- ^sircd bicn lo
make towards tlirc<* «l. i m.
r .\VD, Ukg-
^* , by the
Otiii'js vi i>ii. V'l attj ijc Luau^ i ounce n pikes of
one kuid, and one of anottier kind, and
brought them all home to Watt. ti(K>n ask*
ing payment, W^att said, he was sorr>^ he had
not money then to give him, but the witness
mentioning that he needed money at the time>
Walt said, that although he had not tlien
money himself, he would get it from another
persoD, and accordingly he wrote, and gave
nim an order upon Downie for the money ^
ivhich was l/, 2s. Od. This order did not in
the least mention what the money was for,
and when Brown went to Downie and got the
money, he tells you, that he did not sty a
single" word to Downie as to what the money
was for, nor did Downie ask him. It was an
order in the same way, as if Watt had beea
borrowing the money from Downie.
The imrd witness is Margaret Whttecrosi^
who was maid servant inDownie*s house la&t
winter and spring, and she tells you, that on%
morning she saw in her master's dining-room^
somethmg, which the prosecutor would have
you suppose was one of those pikes. She
says, that the night before, her mastar had
been abroad at supper, and was rather late of
coming home. \\' ith a candle in her hand,
she opened the door and let Inm in, but she
does not sav that she perceived any thing in
his hand, althou|h, surely, one of those pikes
was not a thing that could be hid from a girl's
eye with a cantlle in her hand. Next morninff
early, she goes into the dining room, and
there she sees something lying, which she
neither touched, nor took in her hand, nor
liardly ever looked at; and Mr. Downie's sen
came out of an adjoining closet, when bo
heard her in the room, and took the thing
away. She says, she heard her mistress allt r-
waids call it a dividing- knife. But she never
saw it either before or after the time t*he men-
tions, and saw it then so very slightly, that
she is exceedingly indistinct in her account of
It. She was asked whether it Wkis like anj
of these now lying upon the table, and
that she could say was, that it mij^ht be lih
it; although, gentlemen, none ot these hav^
any resemblance to a dividing-knife; and In^
deed they arc so pecuhar in their appearanca
that if what she saw in her master's dining
room had been one of them, she could not^
have forgotten it.
Now, genllemen, you will consider whethe
this can fairly be held, as hxing upon Mr^
Downie any connexion with those p'L'^'
does not pretend lo say, tliat slir
Downie brmg it home, nor did sh*
him have it m his hand, nor can sh<_ > liiail
he ever knew of sucii a thing hein i
house. Can you believe, that if j^ n J
one of those pikes, Mr. Downie v^ e
been so imprudent as lo have left it in the
open dini ng- root n' And ifil had be^n one
ofth.. ' ^' ■ ' ^ ■ ' r
givri ^
to V J
jnotc f
157]
Jot nigh Trcasotu
tnft «iad catiee«!!og these weapons, it ts not to
b« iktilvtft)^ tltat n inimbcr of them would
lui^e hcen found there; and yet, ^eatle-
mctif vDii have the roost satisfactory evidence,
ihtt atihongh a strict se^cb was tnade, not
»vii^ one was found there,
* * ■ I and Middleton, the two sheriff-
L : been examined as witnesses, and
%D€y win d'^ee that none of the pikes were
Imm^ en Ikvwnie's house. Miadtcton, in
sajrs, that the search in Walt's
wais made upon Thursday, 15th May,
i»n i w* v. f at DJghl and one in the morn-
; u: liic search in Downie's house
* n. ery next day; and although
I'lites in Watt's house, they found
I wnie's. Is it Hkely, then, gentle-
ieB» iliat Mr Downie should have been pos-
tamA ^jf tho*»e weapons, and yet not so
liidi ' <^ of their being either about
wmv^ ■ juse.^
[ Bi^wn tciJsyou, that all those which were
by him, he carried home to Walt,
Agtio made by Orrock, were seized
Ihejf were still in Orrock's own posses-
The sheriff-officers tell you, that al-
Jb ibcy made the strictest search, yet
could find oo such thing in Downie*s
Excepting^ therefore, the loose and
CTidence of Margaret Whilecross,
llie iBtid«»^n*antf you have nothing, gentle-
meOf litat t^ive room even for a suspicion that
Miyooe or them ever was tn his houses and
ifte, mtA only SDeaks of what she tsaw, as a
'og lolaJly unlike those pikes, but she does
prvlftirj to say, that she ever saw Mr.
borne, nor take it away, nor,
V connexion with it whatever,
know very well, that gold-
Downie, generally have a
" ^hcir own house, and no-
r them than to have old
'it I, i^r such arms, from
il they find of any
filue. vv might not Mr.
Duva^ Ri have some old
^nnpcm in : , which might be,
nlHlt t- ervant alludes to,
^Mu lie. Why upon 80
Mcoi inci a descrintion, are
foc t» it was actually one of
ilMSe (ms who
kpi^r , swords,
, uni; lU^LTLr'j ij uc hard and
tj]d<^d, to from thence,
f Ir^'* •' * " ' lible purpose.
la tftibn, you cau lay
l»i™^ , ., .ague evidence
riiimeib
Wc^ Doirzi
BuHmdoa
at girl ; and Jis lo Uic only two
'"I. ilnnvh itiid Orrotf^. it must
one nor
ininal to
!cnce of
smallest
BrciWD Hl\» you, thai it was Mr. Watt
ikofi wbo emptied uid directed him to
A. a 179*. [I5S
make these pikes, and tliat no other person
ever spoke to him upon the subject. He
made them for Watt, and when they were
made, he carried them home to Walt. Downtc
was nol present when the order was given^
nor is there the least reason to suppose that
he knew any th'mg at all of the matter. As lo
the circumstance of Brown's receiving pay-
ment from Downie, you have heard how i%_
happened. Wall, not having the money whe^ "
Brown pressed for it, gave an order upod
Downie for it; but that order did not expreal
what the money was for ; and Brown expressij
ly tells you, that he neither told Downit
what it was for, nor did Downie ask hin..
In short, it was nothing more than the Irifliii^
sum uf 1/. 7m. 6(/. which Downie advanced fctfj
Watt, without inquiring or knowing what
was for ; and you have no reason lo suppos-
and still less any right to conclude, that]
Downie knew the money he thus advanced
was for making pikes.
Any thing said by Brown, therefore, docs no ,
in the most distant degree, affect Mr. Downie j
and, as I liave shown that the evidence
Margaret Whitecross ought to be totally dls^l
regarded, so there is nothing else remaining
as to these pikes but the single testimony < _
Orrock, the smith, who says he made towards^
three dozen of them for Mr. Watt, and who
you will remark, having been thereby an
complice in that business, is now a prisonef 1
in the Cabtle of Edinburgh, and comes betbral
you under the character of a Socius Criininix.
I have already stated to you, gentlemen^]
the substance of what this Mr. Orrock sayi»j
and you will Judge what degree of credit you
can give to his evidence- ^ ne making oft
arms at all, seems to have originated from]
himself, and from an id^ that other people
as well as the Goldsmiths-hall genilemen
were entitled lo have arms in case of an inv^H
sion. He accordingly made one for himself;!
and the intercourse afterwards about making ]
more was entirely between him and Mr,J
Watt. As to his afterwards bringing up two]
to George Rose's, and showing them thcr
one evening iii a company where Mr. Downie J
was present, you will remark, he does noti
say that he had been desired to do so, nor]
that he had any sort of orders for these pikes^l
either from the Committee ot Union, or fromj
the Sub-Committee of Ways and Means. loi-]
deed, you have not the least evidence, tliat]
cither of those coraniiltecs did cverautho-l
rize any such thing, or know any ihingj
about the making these weapons : and yoiftS
have not only no evidence, but you have not!
even the shadow of reason to suppose, thafj
Mr. Downie evet heard of, or knew any thi] ^
about the pikes, till they were accidentally j
brought in the way I have mentioned, andj
shown to the company in wtiich he happen
to be at Ross's,
The circumstance of some one in the com- J
pany taking out n pencil, and sketching
teller fornii might just as readily he "
159]
34 GEORGE IIL
T4qI of David Dawnie
[160
amiiflement as from any thing else ; aiid the
desiring Qrrock to keep that sketcli in liis
view, might easily happen in the 8ani(e way.
It is certainly no material circumstance
against Downie, that he should chance a
little while after, to be in a passage in
Ross*s house, when Watt repeated something
of the same kind to Orrock ; and it is of great
importance for you to remarky gentlemen,
timt, excepting upon this single occasion at
George Ross's, there is not so much as a
word in the evidence, cither of Orrock, or of
any other witness, which can tend to sliow
that Mr. Downio gave any orders, liad any
concern, or knew any thing whatever regard-
ing those pikes. In short, if ^ou are to fix
any euilt upon him as to this business, it
must t>e founded on the solitary testimony of
Uiis Mr. Orrock, swearing to casual words
passing at a tavern meeting, where Mr.
Downie happened to be present.
You will also have it in your view, gentle-
men, that the law does expressly require either
two lawful witnesses to each overt act, or one of
them to one, and the other of them to another
overt act of the same treason. Mow, even
supposing, that this circumstance as to the
pikes, could be held an overt act of the treason
nere charged, which I tnibt I shall show you
it cannot DC ^ and if you are satisfied also,
that Orrock is the sing^lc and only witness,
whose testimony tends in the least degree to
afiect Mr. Downie, then I maintain, that this
is not such evidence of an overt act, as the
law demands. He is but a single witness,
and I am sure he cannot be held a lawful or
unsuspected witness, because lie is, by his
own confession, an accomplice, or sochti cri-
minii\ and if the gentlemen nn the other side
should tell me, that one witness is sufficient
to prove this overt act, because there are other
overt acts proved by other witnesses, I give
them this clear and satisfactory answer, that
I flatly deny these other particulars to be in
any decree such as can by law be held overt
acts of the species of treason whidi is here
charged, of compassing or imagining the
death of the king. 1 Batter myself that I
have already satisfied you of this; and, if I
liavc, then this as to the pikes, even suppos-
ing it an overt act, which I shall im-
mediately show you it was not, it rests solely
upon the evidence of Orrock, a single wit-
ness, and one very far from being beyond
suspicion.
And here, gentlemen, permit me to entreat,
|hat you will calmly consider this business as
to the pikes, and not let yuur minds be im-
pressed by their frightful appearance, nor be
flurried away by supposition and conjecture.
Take every circumstance into your view, and
then let me ask. If you can really conceive,
that, in making these pikes, there cuuld be
any serious object or purpose of overturning
the constitution P Who were to use them r
Itad the Committee of Union adopted them?
By no means. For M*£wui ani) fionUuone
not only say no such thing, but they in direct
terms tell you that they never heard of arms.
Did either the Committee of Union or the
Sub-cominittee, know of the making these
pikes, or order them ? No, they knew nothing
of them. — You liave not only no evidence of
their knowing of them, but you have evi-.
dence that they did not.
If evidence liad been brought before you,
gentlemen, that these committees had expli-
citly resolved to levy war to overturn the go-
vernment, and, in pursuance of this, had or-
dered these pikes or other arms to be pre-
pared, there might then have been at least
some better colour for the charge. But, gen-
tlemen, you have no such proof before you ;
and, on the contrary, the very members of
tliese committees who have been examined as
witnesses, do expressly swear, that they had
no hostile intentions, and that they gave no
onlers for arms, nor knew of any being pre-
pared ; and if this be the evidence, are you to
give way to mere suppositions and conjec-
tures ? are you at liberty, gentlemen, to ima-
gine and fancy plots and treasons without
proof, and to presume these weapons intended
for a wicked purpose, without so much as
evidence that any such wicked purpose,
was ever formed?
Consider also, I pray you, what was the
amount and number of the pikes that were
made ? Towards three dozen were made by
Orrock, and about fourteen bv Brown. In
short, the number of the whole did not ex-
ceed fifty ; and where was the fund to defray
the expense of making more? Watt had not
money to pay even the fourteen made by
Brown ; and as to the money belonging to
the committees, you have seen that it was
not only trifling and scanty, but farther, tliat
the committees had no concern with these
pikes, and never either ordered or knew any
thing about them. It was Watt, and Watt
alone, who ordered them ; and it seems to
have been, from beginning to end, one of hie
own wild incoherent absurd chimeras, or very
likely, a trcaclicrous and perfidious design, to
forward his own avaricious views. Even if
lie could liavo got funds for making a greater
number of these pikes, he neither had nor
could have got persons who would use them
towards any hostile purpose ; and to suppose,
\ therefore, that these pikes could be prepared for
I the criminal and wicked purpose, of overturn-
ing the constitution of Great Britain, is as
ridiculous and extravagant, as to imagine,
that his foohsh and unmeaning plan ot sei-
zing the Castle uas ever seriously enter-
tained.
Having said so much as to tliese pikes^
there is another particuUr as to which you
had a number of witnesses examined, and
whidi is the advertisement respecting the
Fencibles. At the same time, 1 do not think
it necessary for me to trouble you, with saviqg
much upon it. You will remark that there
is no mention whatever of it in the indicl-
161]
for High Treason.
A. D. 1794.
[162
meni; and yet, by the statute of king Wil-
h'jm, it is in tlie most direct terms enacted,
•• That no evidence shall be admitted or
Eiven ot'any overt act, that is not expressly
lid iu the indictiueut against any person ur
persons whj lever."
it is perfectly clear, therefore, thit this
canuot be admitted nor founded upon as an
oven act, because it is not laid nor mentioned,
iu the indictment ; and indeed, a nionient*s
reflection muist at once satisfy you, tlrat even
u it had been set forth in the' indictment, the
very circum&t.ince itself could never come
under the description of an overt act (if the
treason charged. Indeed, I think it was
most improperly introduced by the prosecutor
and it ought to meet with no regard or atten-
tion from you.
As to the paper itself, you heard it
read, and it certainly was of an improper na-
ture, and such as I cannot by any means seek
to justify ; but improper and even criminal as
jxAi may view it, you will consider, in the first
piace, huw Ur it is brought home to the pri-
aooefy and, in the next place, what of!cnce it
tdouuis tu ? You have no evidence, nor in-
deed has it been attempted to be proved, that
Mr. Downie was the author of it ; and as to
his bavins; any concern in dispersing a few
copies of It, L am sure that this, however im-
proper, cannot with any reason be C4>nnccted
with a charge of compassing the death of the
kiaig. To Mduce any of his majesty's kbrces
fran their duty, is certainly criminal; but it
cmoot, in the eye of law or of common
^ense, be deemed liigh treason. I am con-
adeDty gentlemen, you will consider the mat«
ter in ibb light, and will throw this particular
CDtirely out of your view.
1 had almost tbrgot to take notice of the
evidence of John Fairley, the gentleman
wauax I had occasion to mention to you for-
Berly, as the ambassador sent through the
CMiutry, by the sub-committee of Ways and
Means ; but I do not think it will be requisiitc
for me to detain you with many observations
Lpon wliat Mr. Fairlcy says.
He in substance tells you, that he was
ffotng upon a visit to his sister, who w:ism;iid-
cervant in a gentleman's family in Stirling-
shire : but, wTietlier that was the real inteu-
LK»a of his journey or not, is of no consr(|U(;nce.
Ue was employeii, at the same time, to vibit
ine friends of reform in different places, in
c^r to know what were their sen ti men Is ; to
inquire whether the cause was prospering or
4i<.ca>ing ; to know who were attached to it ;
t> learn what correspondence might be kept
up, and what money might be expected.
iLe^e were the sole objects for which Mr.
iaiTtey was employed by the committee ; and
irym what you saw of this same ambassador,
I ca&QOt doubt you will be satisfied, that if
i&y thing really criminal had been in the view
4? the committee, he was not the person,
«ham they wuuld have chosen to entrust
vjtb tuch a negociation. Nay, even if the
VOL. XXIV.
committee had been so absurd, I do not think
the Friends of the People at a distance, would
have been so wanting in common sense and
prudence, as to liave committed themselves
to him, or to listvc entrusted him with any
treiisonable secn't.
But, while the inquiries I have mr.ntioni>d,
were ail which the commitloe liad in view; yet
it appears, from what Fairley says, that he ro-
ceivcd some other insli notions from Mr.
Watt, and I beg you will allciid to the manner
in wliich those wore given him. From thq
committee he received no other instructions,
but to m.ike the uiquiries I have already
mentioned ; and, indeed, the committee had
no other object in view. It was a perfectly
fair object; for it had no other intent than
carrying on the cause of reform, in a legal
and constitutional way ; and Fairley was to
get from Mr. Downie thirty shillings of the
money belonging to the committee, in order to
defray the expense of his journey. Thus far,
the matter was the business of tlic committee ;
but Mr. Watt desired Fairley, before he
should set out, to call at the shoo of one Mr.
Campbell, where there would be lying for
him a parcel which he was to carrv along
with him. Fairley accordingly called at
Campbell^, and having got the parcel, set out
jon his jdiuney.
I think Fairley said, that Watt desii^ed him
not to open the parcel, till he should come to
Stirling, or some other place, and accordindv
Fairley obeyed this. When, however, he did
open the parcel, he found there a paper of in-
structions written by Watt, and which men-
tioned the foolish plan about seizing the Cas-
tle, and other things of the hke kuid. This
paper of instnictions, however, had never been
read to, nor seen by the committee, but was
entirely the opemliou of Mr. Watt alone.
From 'what Fairley says, and from the evi-
dence of Dr. Forrest, you sec how little en-
couragement any such wild plan met with
from the Friends of Uefurm at Stirling; and,
indeed, they seem to have been spoken of
there only in the slighlost manner ; fur Dr.
Forrcbt tells you, that I'.iirlcy expressly said,
the purpose for which he had been sent hy
the (-(anmillee of Edinburgh, w;is in onlor to
coiled some uioney for Mrs. Skirviiig, and
other tViends that \* ere in distress.
Fruni Stirling, Mr. F.iirlcy proceodid to
Glasgow, Faisley.and other places, and then
returned to Fdinhui^h. When he tame to
town, he wont lir>t to his t ither'a house,
and then wvui to iho cuinmittir, il hap-
pening to he a nis^lit on wliicli he knew
they usually uicl. \\ U^n ht: went llieie,
he found \Valt, DiwiiiL-, and M^Kwaii.
1 do not recollt:<l if h'' nicnlionod any body
else; and you will particularly remark what
then parsed. Had Ihr paper of inblrnclions
been iriven to him by the toinmittee, or by
authority of the conimiltee, surely the tir.st
thing would have been for them to inquivi^
what he had dune ; and he would Ivwvi wv
IGS]
(^^ GEORGE 111.
Trial of David Dowuie
[164
mediately puMcd out the paper from bis pocket
and have given a lull accoanl of the success
of hi« negodation, la place of this, what
bappens ? He tells them, that he found the
friends of reform in general^ hearty ; and he
mentions every thing he had met with re-
specting the objects which the committee
had in view; but, instead of producing the
paper of instructions, which he had received
from Mr, Watt, he keeps it snug in his pocket,
never brings it out, nor says a single word
a^oiit it, during the whole evening. Nay. far-
ther, he tells you, that be never produced
them to the committee, either then or after-
wards, but, in a day or two after, gave them to
Mr. Watt himself.
Nothing surely can more clearly demon-
strate^, ttiiit the committee had no knowledge
of, nor any concern with these secret instruc-
ligns. They were purely and solely the ope-
ration of Mr. Watt himself; and as they came
from, so Uiey were given back to him alone,
viihout the committee knowing any thing
abottt the matter. In Questioning the witness
indeed, a good deal ot weight was attempted
to be laid upon the circumstance of this pa-
per of instructions nmning in the name of the
committee, and also upon the money given to
IVirley being out of the fund^ of the com-
mittee ; but I am confident you willat once see
that there is nothing in tins.
Mr. Walt would no doubt choose to make the
paper run in that way; but his having chosen
to do so, will never make that the paper of the
committee, unless there be clear evidence that
they knew and approved of it, Now, there is
not only no evidence of this, but there is most
satisfactory evidence of the contrary, And as
lo the money, itis perfectly clear, that although
men by the commiltee, vet it was only for the
lair purposes which they had in view in sending
ralrley, and not for any secret and criminal
purposes*, such as those of Mr Watt U was
otdy thirty shillings, of which Falrley having
expended but fifteen, he offered back the re-
mainder ; but the commiltee allowed him to
keep it for his trouble.
In short, gentlemen, it isevident, that there
VfCTC two dUferent purposes, or two separate
p:irts of Fairley's nii>sion, and you ought
I carefully to distinguish between them- The
^ one was a perfectly fair and a blameless pur-
^pose; and it was to innuire what were the
•*cntiments of the fricnus of reform, and to
I know wh>it money might be obtained for car-
•ryipg it on, in a legal and constitutionsil way ?
I This was the sole object of the committee,
and the only purpose tl ' ^ - -, » . i
• rairley. The other wsis
Watr* ow^n, kr--t t..i Ji
' roinmiUoe, ai
^can be in no ti- ^ ^
►eruuinal and wicked d
^guilt uj»ou hiniself, bui
Pt<* any other person who>ie >itci;A^ioii \o and
'iipprobation of it, b not fully tnd cleat ly
^frovcd* The trilliug turn given by the com-
mittee to Faifley, is of itself a proof, that lltey
could not have any thing cnm\nal in view;
and you will remark, Fairley enpressl^' swears,
tliat he never heard of the plan of seizing the
Castle. &c. from any body but Mr. Watt.
And now, gentlemen, having offered yovt
these observations upon the evidence, I will
beg leave shortly to remind you of what I
stated as to those principles of law, which
apply lo the present case, where the crime
cWged is that species of high treason, the
compassing or imagining the death of the
king.
It has long been the boast and the glor^
of the law of England, that of all species of
guilt, that of treason has been defined with
the most scrupulous exactness. It was fa
this great purpose the statute of Edward 3rd
was passea; and as often as, in succeeding
and arbitrary reigns, new treasons had been
created, these were a^a, in better time«, re-
pealed, and the law of treason brought back tA
the sundard of that ever to be revered statute.
It is the great bulwark of our liberty, and the
mighty protection, under the shield of whkb|
the subject is secured against the violence or
injustice of stale prosecutions.
I stated to you, and I supported it by hig)i
and unauestionablc authorities?, that althougfi
a conspiracy to levy war, has in some cases
been by con'-tmction held to amount to the
crime of compassing and imagining the death
of the king, yet this has been admitted only
in certain circumstances, and a line of distinc*
tiou has been taken, and the utmost aniiety
shown, to prevent the carrying constructive
treason beyond due bounds. That distmctlon
has been taken from the object, or purpose of
the conspiring to levy war. Where the pur-
pose was sucn as directly and necessarily lo
affect the life and safety of the person ^f th«
king, it has been held to amount to a com-^
passing or imagining his death. W^here^ on
the other band, the purpose has been to obfain
some reformation, witnout pursumg the due
methods of the law, then the mere purposing
or designing to levy war, for that end, has iia|
been held high treason.
This is the hne of distinction, and these
the boundaries, which the wisdom of the law
has marked out. To transgress these boim-
daries, and to overleap them, would be to con-
found the nature of crimes; anil would be
giving a fat;* f i«Ie blow to the se-
curity and 111 icct In the pfro*
grcss of huiniui iiay
spring up, that m i U*
^— ■■-■■■•- "^v- ,1;
Ir-
od
iU*t>tuii' aojiy whiUi ia it*
$elf the w.
This very iiVii, wluch wuuld in Che end prort
J^ High Treason*
otwtltfow of all liberty, was anxiously
M aeuiut by the statute of king £d*
I whtcti has express! Y said, " Aim be-
%hmX many other tike cases of treason
^ hiffpcn in time to come, which a m^^
\itik nor declare at tbia present time,
isooorded tlmt if any other case, supposed
> which ii not above specified, doth
liefore any justices, the justices shall
' without any going to judgment of the
», till the cause be shown and declared
I Uie king and his parliament, whether
il Odgbt lo be judged treason or other
fdojiy/*
Wall iJic law thus in your view, it Is with
yiM^gaitlecnen, to consider, whether the tacts
\ in the present case^ do amount to that
4>f treason which is here charged?
mg ihat a conspiracy to levy war, or
ladilic a commotion^ is here actually proved,
viial una^ the object and purpose of it ? Was
^ ic^myiracy to levy such a war, or such a
''"'Mmmi as aimed directly, or necessarily,
person of the king? On the contrary,
rati oof dearly and evidently sucbawar,
mA Hich a cofxunotion^ as, at the utmost,
GBuid have for its aim nothing more than a
Wifcilii>tiiiu» without pursuing the due me-
tiadso^biw? Was there any view or pur-
fmt oi detlirooing or deposing, or endangcr-
a|§ lh« lilr of our most gracious sovereign?
liowicb thing ever was, nor could be dreamed
La. d. 179*.
[165
It 11 Bat eiiou|h to say, that the commotion
Mmtm raised^ night possibly have gone such
all§gUk.«a njtjcualely to bring the personal
flftOr w tjae kin^ into danger. There is do
-I <Pf>|>Oftition nor resistance by force
Ifioleoeo to the execution of any part of
which may not, by a strained coo-
I and imoUcation, be connected with
^■Artjr of the king. But it is for this very
WBm, tnal the law has wisely distingui£»hed
I what may be intended agiunst the
\ of lite kjtig, and what may be intended
^ wliat has been termed the ma-
In other words, the authority, or
tsaoitlTa j>owcr of the crown. The former
I held tf^**Min, but the latter has not;
odil is no! '^ .:, gentlemen^ to throw
muh Iha di or to confound oBences
wbieh Um law 111! ^ separated.
Aad lat me call to your ren\embrance ano-
ripdndpfr *^-f ! took the liberty of ex-
mi 4 1 and which is> that
\ut ;,;„.>.* consists in the wicked
I af tlsc heart. The overt acts are
|0 he fL'Enrded, in so far as tbey are
of the guih of the
i ly puqxisc which con-
fl, uijles* you arc satis-
:if the hir had m his
. ' ■ : • , lie-
of
ui ihc
lYu Ijttu successful
in sho^^ing you» that the prisoner liad no real
accession to the plan about seizing the Castle,
nor to the preparing the pikes-, both these
were the mild measures of Watt alone. The
former was rejected by the commitlee, and by
Mr. Downie, and the latter never known to,
nor countenanced by them. Any knowledge
Mr. Downie seems to have had of the pikes,
was transient and accicfenlal ; and you must
be satisfied, these pikes never could be meant
for overturning the state, or endangeriug the
safety of the king.
As to Mr. Downie having been a member
of the British Convention, he neither has been»
nor, for the reasons I formerly mentioned,
can he be criminated upon tliat account. And,
as to his being a member of the Couimiltee
of Union, or of the sub-committee of Way^
and Means, I cannot discover any evidence
whatever, that these committees had auy cri-
minal, and far less any treasonable designs.
I request you to distinguish, gentlemen, be-
tween a zeal for the cause of reform, and a
wicked and criminal intention to subvert the
government. Because the zeal of some mrn
may be warm and intemperate, it would be
unfair to presume, that they would go the
length of hostility to the constitution. And
because, in societies for reform, there may be
some who harbour in their minds treasonable
and detestable designs, you must not therefore
conclude, that this pervades the minds of
others ; or, that because a man is a Friend of
Reform, ora Friend of the People,he is to be set
down as guilty of the crime of hi^h treason.
In fairness and candour, let the line be drawn
and the just discrimination made. Con-.
found not the innocent with the guilty. Co;
found not the less guilty with tljose who are
more so. If, from an intemperate impatience
for reform, some men sliould transgress due
bounds, and think of pursuing their object by
other means tlian the methods of the law, let
their temerity meet its due punishment; but:
let not liasty and precipitate resentmeul ma^
nify into high treason, an offence ot'a muca
less criminal complexion. Let us ever r©«
member^ tliat we are to look, if there h the,
wicked iraagmalion of the heart; and, if we
cannot discover there the malii^uiint and
atrocious design of compassing and iMia»jiini.i,
the death of the king, we canni/t pronouno
that it is \}\e crime ot high treason, I>ct coq]
judgment disarm resentment, and teach ua^j
tiiat the preservation of the law is of infinitely
grciiter moment than the pumshmcnt of air
mdividuah
But, gentlemen, I must conclude, for I feel
myself much exhausted, and I am much atmic"
1 have detained vou too long. 1 know youi
attention and disceniment will supply any
defects of mine, and I trust you will be sati:*-
fied that no crime has been proved, of so deep
u dye as c;m ciititte you to lake away ihe life
of this poor old man at your bitr ; and tlial
you will therefore return a VL-rdrct, lindin
him not guilty of the crunc charged.
%
J
167]
34* GEORGE III.
Trial ofDawd Ddionie
[166
REPLY.
Mr. Anttruther, — Gentlemen of the Jurj ;
—I now rise to perform a very unpleasant
task indeed— to call upon you for your verdict
against one of your fellow subjects. I feel it
nv duty, and sorry I am that it is my duty, to
call upon you for that verdict, hecause I think
that I have laid before you evidence which in
point of fact, proves the offence slated in the
indictment no less au offence than that of
high treason.
There was one observation made bv Mr. Cul-
len in which I most heartily join with him, and
wish you to attend to it as much as it was
possible fur him to do. He called upon you,
gentlemen, not to regard any thing that you
might have read concerning those transac-
tions, but to confine your attention strictly
and solely to the evidence, laying out of your
mind every impression you might have re«
DOW addressing you, which I charge upon Mr.
Downie; and, if I cannot make out that Mr.
Downie is guilty of a breach of his allegiance,
by being guilty of compassing and imagining
the death of the king, which is one species of
treason under the statute of Edward 3rdy I
totally fail in my case: and I am sure I have
no wish, hut the wish of justice. I should be
happy if the judges found it consistent with
the law to tell you that there was no treason
laid in this indictment, or proved by the evi-
dence, and that you find it consistent with
your oaths to acquit the prisoner at the bar.
The public prosecutor has done his duty in
laying, the case before you : he will be happ^
if it ^mits of a verdict of not f»uilty; but if
you view the law and the evidence as I do, I
am afraid it will be hardly possible that it
should be so.
Gentlemen, I have said, that this indict-
ment accuses Mr. Downie of being guilty of
ceivcd in other places ; and laying out of your one of the species of treason left by the sta^
mind every thing, except the impressions
which you have received from that which is '■
strict legal evidenrc given upon this trial this \
day. And inoM sincerely do I join with Mr. i
Cuilcn in rcronimcnding to you, and telling .
you, tliat you will not perfonu your duty to '
your country and your duly to yourselves*, if j
you do nol lay all extraneous matter from l
your minds, and confine yourselves slricliy cntion from the moment measures tiave been
and solely lu the evidence before you . taken for that purpose, whatever they maybe.
The atleiition you have bestowccl this day to I The next thing for us to inquire is, what
that evidence, renders it unnecessary for me to the statute docs not tell us, but which the
be extremely long in repealing it; and that at- , law has Iet\ to the judges in each particular
tenlii>n satisfies nie, that the caution Mr. Cul- '
lulc of Kdward Srd— compassing and imagin-
ing the death of the king ; and it is true^ as
Mr. Cuilen has stated, that, in the case of the
king, the statute of treasons hath with great
propriety retained the nde voluntas fro facto
habetur. In the compassing the kind's death,
the wicked imaginations of the heart have
the same de<>ree of guilt as if carried into exe-
len pave to you, and which I have now re
peatcd, is :it best an unnecessary one. The
ob^ervalions vhich Mr Cullrn has made upon
the law, will nuike it ne(e*isary tor ine to siiy
a few wouls to you up«»n that head ; but you
will not lake the law from Mr. C'ullen, nor
from i«p, allhou'^h I shall endeavour to state
it wilh all the acc\iracy I am able ; hut you
will take it from those much more able to
explain it, than cither of us, whose duty it is
to explain H, au'l to w nose obhcrvalious it is
your tliily to allrnd.
There w;is another observation of Mr. Cul-
len's'in which 1 inrfectly concur; and that is
an \iller «hhorrencc of eVery thini; called t on-
structi\c liea-^on. I^rd Hale\ woids, which
he reail lo you, I wish may be impressed
upon tl 10 ninul of every public prosecutor as
case lo determine, namely, what acts are to
be held as means taken for Ccirrymg such
compassing and ima*;inations into elVect, and
lo be evidence of them, or what in other
words, is an overt act of this species of
treason. If means have been taken to
carry the design into execution, the party
is guilty. What those means are, may
vary in every case ; and, since the date of
the statute, various tacts have been held
to be overt acts of this species of treason,
and various principles have been eslablish-
ed wilh regard lo what are or are nol overt
nets of coinpas*>in^ and imagining the death
of the kinir. I will state these shortly, in the
words of some of the first lawyers and judges
of Knglund, whose opinions have served as a
guide to succeeding judges : and from theoi
you Will learn the priuciples which have
long as the wurld endures; but you will re- ■ guided courts of justice on determining what
coilcft that the words of lord Hale are not
appliul t«i the sl:itutc yjlh Kdwanl 8rd, or lo
any of tlse Npei ies of treason declared hy that
law. They arc to he found in that pari of his
woik wlure he makes the paneg\Tic of the
23th i:dvv;ird :Jrd. Thank God, that statute
abolishtid in England a string of constructive
treasons enough to make men shudder. To
those treasons lord lialc*s observations apply.
hut, gentlemen, it is one of the treasons de-
clared by the statute of Edward 3rd, and con-
tinued from that time down to Uie time I ud
I were overt acts ol this species of treasim ; and
, you will hear the cases which have been de-
termined, and which have been put as illus-
trations of these principles.
In the fir^t place, [ take it as too clear to
be disputed, that a person is guilty of com-
passing and imagining the death of tlie king,
from the moment means are used lo eftecl the
purpose of the mind. It is also perfectly
agreed upon all hands, that it is not necessary
to lay before the juiy, or state in the indkt-
iDent, a direct iiunediate attack on Uie persoQ
169} for High Tnaton*
of his majesty. It has been held at all times
not necessary to state an attempt to poison, or
to assassinate the king. Most unquestion-
ably, if tliose means were used, they would
irresistibly speak the purpose of the mind ;
but means niuy be used to effect the purpose
of compassincr and imagining the deatnofthe
king, inticitcty short of such attempts as those.
MrrCuilen agreed that a {)er8on going into a
boat for the purpose of going to France with
treasonable papers in his possession, was pro-
perly held as employing means to effectuate
the intention of his mina, and an overt act of '
compassing the death of the king. Mr. Jus-
tice Foster, on whom Mr. Cullcn bestowed a
very deserved panegyric, tells us — ** The care
the" law hath taken for the personal safety of
the king, is not confined to actions or at-
temptb of the more ila&;itious kind, to assas-
sination or poison, or other attempts directly
and immediately aiming at his lite ; it is ex- |
tended to every thing wilfully and deliberately |
done or attempted, whereby his life may bie
endangered." Iherefore, gentlemen, if I
state it in the indictment, and prove any act
done deliberately, whereby the life of the* king
may be endangered, I have stated and proved
that which is, in jioint of kw, an overt act of
compassing the king's death. The same author
says, ** the entering into measures for depos-
ing or imprisoning the kin^, or endeavouring
to get the person of the king into the power
of conspirators, have been held overt acts of
high treason within this branch of the sta-
tute." Why? Because they are acts done,
or attempted, not by which his life is to be
immediately affected — not by which his life
is to be t'lkcn away, but they are acts done
and attempted, wherebv his life may be in
danger. The same author farther says, " of-
fences which are not so personal as those
already mentioned, have been with great pro-
priety brought within the same rule, as hav-
ing a tendency, though not so immediate, to
the same fatal end ;" and, therefore, the en-
tering into connexions for the purpose of
bringing foreigners to invade the kingdom,
has brcn held an overt act of high treason —
And why is it held to be an overt act of hij;h
treason ? Because it may endanger the life
of the king.
I could put a case, where it could hardly be
within probability that an invasion should
directly be amied against the pcrwm of the
king. I could put the case of the king being
upon the Continent at the time that some
persons made a contract with a foreigner to
Lnng 2<»,rt'<» Ku^-^ians, or other foreipners, to
niikc wjr in this country. This conkliuit be
high treason under llie riausc of levying war,
because iKi war was le\ied. It wowM iiot he
aJhering to ili»: kind's enemies, because llic
|»^rM>n«* suppo cmI are not the kind's enenuc*;.
The ktng*s person could not be in irnnicdiato
danger, Itocause the cai« supposes him in his
Sotcign doniinmns ; but would it not be high
trtawB^ M<wt certainly. It is the king's
A, D. 1794.
[170
duty to repel such invasion; to place himself
in a situation of danger : the measure directly
points at distnrbing the peace of the country,
which it is his duty to protect ; at introducing
host'dities, which the ooligations of his situa-
tion call upon him to suppress ; therefore the
tendency of the attempt necessarily exposes
bis person and life to peril; and it is to that
natural and afiparent tendency that we are to
look. Foster states the principle distinctly,
when mentioning the oflience of inviting fo-
reigners to invade the kingdom to be high
treason. It is such, says he, because it hath
a tendency to endanger the person of the king,
and therefore it hath, in strict conformity to
the statute, and to every principle of substan-
tial and political justice, been brought within
that species of treason of compassing and
imagining the king's death. You therefore
see, tliat every thing which has a manifest
tendency to endanger the person of the prince,
is an overt act of compass! njs; his death.
Whether the acts stated in this indictment
and proved by the evidence, have that ten-
dency or not, I shall eonsider bv-and-by.
These are not only the words of that great
and illustrious person, and such he certainly
was ; but no judge, who either prcccdeil him,
or who has followed him, no text writer of
authority differs from him. Hawkins says,
'' The uerson of the king may be endangered,
not only by such overt acts as to take away
his life, but such design as cannot be exe-
cuted without apparent peril thereof." Gen-
tlemen, it will he for you, and my lords the
judges, to consider, wliethcr the design stated
in this indictment could be executed without
apparent peril and danger to the king. The
same author, in another place says, *' It hath
been adjudv;ed, that the levying war against
the king's person, or the bare consulting to
j levy such war, or meeting together, and con-
! sultin<r the means to destroy the king and his
• goTerinnent ; or assembling with others, and
I procuring them to attempt the king's death,
: by listing men in order to depose the kins, or
I printing treasonable position!^, as that the king
I IS accountable to the people, and that they
I ought to take the government into tlieir own
hands, is an overt act of high treason."— Why
I is it such ? Because it is to excite the people
; to take the government into their own hands;
■ and that cannot be done without endangering
' theperson of his majesty. Gentlemen, you will
judge under direction of the learnetl judge who
presides here — you will jud^e from what has
been laid l>efore you on this trial, whether
there was, or was not, amongst these people
a design to take the giivernment into their
own h:mds ? and whether it did not go farther
than printing that proposition in a book, and
pnblishingitto the world, which in the opinion
of the writer whom I have ju^^t cited, is high
treason. Have no mfans been taken, no steps
pursued, far beyond the printing and fiuhlishing
an opinion that the people ought to take the j;o-
vcrnmcnt into their own hands \ LooV^VvV^
17i]
31- GEORGE III.
Trial of David Vownie
{112
4tnstiument3 lying upon the table, and say
J whether the providing of these for Ihe pur-
l^fioaes proved, speaks not the intention clearly^
>,and whether they are not means more efiec-
ytual for carrying that intention into execution
•than the publication of any book, however
dangerous the propositiona it contains.
Gentlemen, my friend, Mr, Cullen, most
K^Jeaervedly bestowed a nanegyric upon lord
l^ale, an<) from him r«aa that quotation res-
l^cting constructive treason, which I have
mentioned. He told you^ as he said, from
bis authority, that a conspiracy to levy war is
pot treason, unless it be where it is directly
QBt the person of the king. Now I am
sctly ready to a|;reCt antf God forbid I
■ Should not, that a conspiracy to levy war, is
not under all circumstances, an overt act of
high treason. Mr, Cullen stated fairly, there
are two species of war in contemplation of the
law ; one that might be directly against the
person of the king, and one that may not
nave the least relation to the person of the
king, but which may be called a war merely
upon other men ; and but for the generality
ohhe purpose, would be no more than a riot.
If people asscDible to pull down any house, it
is a not, and no more. If they assemble to
pull down the houses of all lawyers or judges,
or all merchants or religious houses, such as
all meeting-houses, or all churches, or any
thing that docs not point to an individual,
that IS held to be a levying war ; but a con-
spiracy to do th;it act, is not an overt act of
high treason. And why? Because, it is im-
possible to say, that men who do tlaese things,
nave the suiaUest intention against the prince;
Ihey neither do» nor intend to do, an,ac| by
which his person is in danger. It is war by
construction only ; and, it cannot be allowed
to make tlie act war by construction ; and
then lo ar^e, that, because it is war, it is
means used, which in then- natural and direct
tendency, endanger the person of the king.
The natural tendency of their acts, does not
put the person of the prince in peril. It is the
geoeralitv of their purpose alone, which brings
them within tlie statute of treason* It is m
the remote consequences, and in these alone,
that danger mav arise to the life of his ma-
Jeaty. But is that the case with regard to an
attempt to overturn the government, of which
he is the head, and first executive magistrate;
or, with regard to an attempt to supersede the
legislature, of which he is an integral part?
Is it possible such attempts can oe made,
without directly endangermg the person of
the king }
Now, Gentlemen, that you may follow the
lule of lord Hale which 1 wish you to do, I
will state what he says upon tnis i^ubject,
Xioni Hale, who is quoted to you as the enemy
of all constructive treasons, lord Uale says,
** though a conspiracy he. uoi itnmt^JiateJy,
aiv ,and expr« .iU
oi_ -.' '■ '^; but the t. -^,- , ,,; ; ,mc-
UiUig Liiiitin all probabJitymuj^t induce it; and
the overt act is such a thing as must induce
it : then it is an overt act to prove the com-
passing of the king's death." — He then pro-
ceeds to a number of instances, and says, '^aa
assembly to levy war against the king, either
to depose, or restrain, or enforce him to do anj
act, or to come to his presence, or lo remove
his counsellors or mmisters, or against the
king^s lieutenant or military commissioned
officers, is an overt act proving the compass-
ing of the death of the kmg; for such a war
is directly against the very person of the king ;
and he that designs to fight against the kin^,
cannot but know at least it mu^t put his hi^
in hazard.*'
Tell mc, gentlemen, whether the facts
charged in this indictment do not amount to
a consultation and conspiracy to fight against
the king's commissioned officers ; and il thcjf
do, it must put the king's lile in danger.
Tell roc, my lords and eenllemen of the jury,
whether the plan proved by the evidence is
not a plan to force the king to do something
against his will, to restrain hhn from doing
that which as a branch of the legislature he
had a right to do, and to take the will of tho!^;
conspirators instead of his own? One wort]
more, gentlemen : he farther says, ** yet
such a conspiracy or compassing to levy war
against the king directly, or against his torces,
a meeting and consulting for the elfect of it,
whether the numbers be more or less, disgui*
sed under any other pretence whatsoever, as
of reformation of abuses, casting down enclo-
sures, particular or generally, and wrestling,
football-play in K, cock-fightmg, yet, if it can
appear, that they consulted or resolved to
raise a power immediately against the king,
or the liberty or safety of his person, this con-
gregating ot people for this intent, tnough no
war be actually levied, is an overt act to
maintain an indictment for compassing the
king^s death witliin the 6rst clause of the sta-
tute of Edward Srd ; for it is a ktiid of natural
or necessary consequence, that he that at-
tempts to subdue and conquer the klDg» can-*
not intend less than the taking away his life.^
Gentlemen, it will be for your determinatioi
this night, whether there was not a eonsp"
racy entered into by the prisoner at the
and his adherents, to subdue and conquer
king?
I shall now, gentlemen, state a passage, of
which Mr. Cullen read a part to you, ll
from a speech of lord chief justice Holt, whos
authority is deserving of your most seriou
attention, and when the whole pummph i
taken together, his opinion is staled in
masterly a manner, and so clearly, that it tsl
not necessary to say a word mure than barelT^
to state it. It is in the trial of sir John Friend,
fur hieh treason
** ife says,"
** Here is no wai / I
or design to levy war, docs n i |
this law agamst treason/* V| t i
observe, that if there bt only a couspu^cy lo
17S]
Jhir nigh Treaton.
A. D. 1794.
[174
I «t is not IreasoD ; but if the tlcMgn or
. be to kill the king, or to depose
mill -on him, Or pul any force or re-
m ; and the way and manner
c /^e is by levying a war, there
M and conspiracy to levy a war
is,, »..-». ^.M,/y-e is high treason, though no
' wmr be levied; for such consultalton and con*
L iptxftcy, ta an overt act proving the compass-
I j&g tbe death of the king, which is the fir^t
] lf£iaon mentioned in the statute of the 25tb
1 af Bdward 3rd ; the words of that statute are,
[ llttt tf my man shall compass or imagine the
* itV ' «ng; now* necausc a man de-
la^^ i I, deposition, or destruction of
Im iuagi ^[^d with that design agrees and
' , to levy war, that this should not be
itrtt- tr be not actually levied, is
l# wmf tit nne, and the contrary has
|alp»}" * iu lu be law.*** He goes on
[fc* i i yc. may be a war levied without
laoy i*tj.. '-' 'lie kiQg's person, or endan-
\oi if actually levied, is high
0 ; I ,„ .1 „ war be levied without cn-
Idanficrtiig Uic king's per5on, such would not
t overt net of high treason. If persons
ibie themselves, and act with force in
alkn to some law, which they think in-
oient, and hope thereby to eet it ro-
ip this is levying a war and treason,
ll purposing and designing it is not bo. ?
1 they endeavour in great numbcr<^i with I
I ki make some reformation of their own
irrthout pursuing the methods of the
thai is levying of war and treason.*'
I Ims goi^s on to say, '' But if there be^ as
1 you before, a purpose and design to de-
tbe king; ana to depose him from his
, Of to restrain him, or have any power
9» which i^ proposed or designed to
td by war, that is to be levied, such
tacy and consultation to levy war, for
tinoiitii^ this to pass, is an overt act of
'i tretAon/'t In the trial of sir William
as, who WA^ indicted for the same con-
ost eminent judge, lord
ct says the same thing; his
pare: *' 1 i Icll you, that this
DO of c<j> and imagining the
* ^ vident by other
on: to conspire
lallji ' .li M»>.nJe the realm; to
vkk a in with invaders, and to
k« ftii tnn ^iLviin^it the king, —
liug the king's
I; f^^ I , , M^ctf, but thai he
nK>ul ;rrfd up an invasion, and
BMartT I isi the king's person, docs
^ til unofthc king, which is
TCft . ^1 treason; and he that
\ take au I ^ defence, which he
I hav« bv lUCc of his suhjectii^
tir John Frcindy Vol. 13»
hon,
I Clod's Tjia), aiK\ Vol. 13^
and leave him exposed to his mortal enemies,
cannot but be prcsunied to design tlie king's
ruin and murder."*
Now, gentlemen, such b the law and iU
distinctions upon this subject. If there be a
design through the medium of war, to overturn
the government of the country, of which the
king is apart; to supersede the legislature^ of
which he is an integral branch, as well as first
executive magistrate ; it js hard to say, that
such a design, if carried into execution, Would
not endanger his life. His duty to that con-
stitution, which has placed him in the sitiia'
tion of its first executive magistrate, calls im-
periously upon him to resist, at all hazards, all
such attempts ; their success no king could
survive; and the very first step taken either
to ensure their success, or to prevent their
completion, places hira in a situation of dan*
ger and peril, from which it would be strange,
indeed, if the law, which protects the meanest
of his subjects, did not strongly interpose for
his defence.
Thus much with respect to the law : with
regard to the facts given in evidence before
you, feeling myself very much exhausted, and
apprehending you must be the same, trorn
the length of time tliis trial has lasted, t
shall state thera very shortly ; and 1 am hap*
py to say, that the very great attention you
nave bestowed through the course of this long
trial, renders it unnecessary for me to be mi*
nute, and enables me to perform my duty,
without consuming much of your lime.
The first evidence we brouglil before you,
was for tbe purpose of proving a conspiracy in
general, to uverlurn the constitution of*th«
country ; and how far Downie is a flee led by
it, wiir b^ (or you to determine. I think he
is directly affected by it.
First, we prove it, by the correspondence of
seditious societies held in London, and in
other places ; their letters say they will have
means more effectual than the petitioning
parliament for a reform. What means? 1
desire you to take that letter of hkirving to
Hardy, Into your consideration, and tell me
whetner it does not directly point out the pbn
for the destruction of the whole government
of this country, and placing one organised by
Skirving and his associates \n its stead ; Skirv-
ing says, we have already formed a plan for
organization, that when the time come^, he
and his friends may be ready to act, and may
not be occupying themselves with organiza-
tion. Take thatfetter, and tell me whclhtrit
does not directly and pointedly go to the case
of the dissolution of the government of th^
nation, and Skirving and his organized body
taking the place of the guverument of the
countr)\ What does the seditious society in
London do ? First, it proposes to Skirving to
adopt a method more effectual than petition*
ing. What is it SkirVing proposes to be more
♦ Sec the Trial of sir Wilh^iu Parkyuv,
anic^ Vol 13, p. 113-
175]
84' GEORGE IlL
Trial of David Dawnie
[176
cfifectual than petitioning? A Conrcntioa.
WhatisSkinring and the society to go on
with and endeavour to procure ? A ('onven-
tioo. What is the convention pointed out by
Skirving in his letter to do ?
Their determination is, tliat if the legisla-
ture dares to do a particular act in the e?(ercise
of its legal fttnctions, they will resist that
legislature. What is this in plain English but
« conspiracy to overawe the legislature from
doing its duty ; if it does its duty, to resist
and robcl against it? When that society,
calling itself a Convention, met, how did it
act? It formed itself upon the model of a
convention in another country, the effects of
which, in that kingdom, I need not state. It
next assumes the name of a British Conven-
tionw — Ailer that name is assumed, do you
hear a word of petitioning parliament? No.
My learned friend read a passage from the
Mmutes, in which it was proposal by some
members to petition parliament ; the idea is
treated with contempt : and, afler that, shall
I be told it was a society for the purpose of
petitioning parliament for a reform ? They
tell me themselves th^ did not intend to pe-
tition. But is that all ? Do they stop there ?
lliey come to a resolution, in which they ex-
Essly declare, that they will, in a variety of
en cases, resist the authority of the legis-
ire; and if parliament shall dare to pass a
particular law, they will dare to meet, m de-
nance of that law, till superior force obliges
them to desist; force superior to what? Gen*
tlemcn, can you read this resolution otherwise,
than as a resolution to continue to act in dis-
obedience to the laws of the legislature, to con-
temn its autliority ; to resist the execution of
its decrees, till a force superior to their force,
should compel them to desist. Gentlemen,
what is this, but a conspiracy against the le-
gblature of the country, and a resolution to
resist it by force ; and what sort of a war
would it have been, if the legislature of thb
cotmtry its King, Lords, and Commons is to be
resisted by force ?— Would it, or would it not
have been a war directly against the person of
the king, and directly endiuigering his safety ?
What is to become of his majesty, sitting in
his parliament, if another parliament, sittme
in Edinburgh, or any where else, are to tell
the legislature how far they will obey or not.
But this is not all. They provide for future
conventions, and form themselves into a |>er-
manent body, to meet and to act as occasion
shall require ; they resolve, that each dele-
gate, when he returns home, shall desire his
constituents to choose a fresh delegate to a
fresh convention, and providing a fund for de-
fraying the expense of that delegate. It was
asked nw,did I mean to criminate Mr.Downie
Ibr what he did as a member of the British
Convention. I say, gentlemen, that I do not
But if, afier Mr. Downic was brought here as
a witness on the trial of Mr. SkirviDg, he
chooses to act upon the nesohitioo of that as-
sembly, to adopt its purposes, further its
views, act upon its plans, and do that, which
its last resolution pointed out,— to endeavour
to procure a deiegdtc to be elected to another
new convention ; and if he did collect money
for that purpo^ic —I do mean to connect Mr.
Downic with those acts I have proved of his
knowledge of the act^ of the British Conven-
tion ; now I come to that which directly cri«
minates him. He knew the operations of that
convention. What did Downie do ? lie meant
to provide for defraying the expcnf«e of dele-
gates to another convention. Mr. CuUen
asked me if I meant to assert, that every man
who is concerned in what is called the cause
of reform, is to be supposed going the whole
criminal length of every other man engaged
in the cause of reform ? I say, most certainly
not. But if I prove that Downie acted upon
the plans and views that the British Conven-
tion did, then I criminate him. What was
this Committee of Union ? What was this
Committee of Ways ami Means. The Con^
mittce of Union, you have been told by
MHUubben, Orrock, and Brown, one of its
members, that the Committee of Union was
for the electing a delegate to another conven-
tion, and providing monev ibr the expense of
the delegate. What is this less than acting
upon the last vote of the Bridsh Convention^
which broueht about their disper^^on. What
was that other convention to be ? The paper
circulated about it calls it another British
Convention. Tlicn the ne.\t convention, to
which Mr. Downie was to elect a deputy and
pay his expenses, was to be similar to that I
have mentioned. What was that convention ?
It was of that criminal nature I have stated,-^
a conspiracjr to resist the legislature in the
exercihc of its functions, to support itself by
force, and not to desibt, till opposed by that
which puts an end to all rebellion, superior
force.
It might be said, tlicre was to be a convenr
tion to meet in England ; and, however ille-
gal the British Convention's views and pur-
poses might be, Mr. Downie meant not the
British Convention that was past, but the
convention which the £ni;lish sociolies meant
to call in England. What was it thc^' meant
to call in England ? A convention similar to
the British Convention, another British Con-
vention, the views, the objects, and acts of
which these Eiiglish societies applauded, ap-
proved, and adopted : and, I may add, that
the most violent of the acts of the British
Convention were the natural and necessary
result of the principles laid down by the Lon-
don Corresponding Society for the direction oi'
its delegates. If you read the minutes of the
Globe Tavern Meeting, — if you read that
paper pubHshed and ^ circuLitcd at Chalk
Farm, — the whole of those proceedings arc
founded upon the last vote oi* the British
Convention. The dispersion of that conven-
tion is one of the grievances complained of,
and It is the model upon which the new con-
vention is to be framed. It is to meet in the
177J J^f High Tre&ion:
! er^tiU; to resist Hit • ufUiii le-
Xitte ; la tcpel forcx* Ij; . prtivenl
Lerdi^ and iloniinoQs i
c0tiHUA«r«« MwA r««i9lilfthoTi
llir sme maimer as tite Bnti$it vu..v,muij4)
Jlivc retuivctl to do.
I tf i I ect for a I
A- D- ITM.
[ITS
,ii!
1'
aod Hie li
liaelion eti*
lbr€emmjr
»a ftp rt
■Mil WDUi
Jloiinilput
Horn rti9 tn.
al.i
a
tte I'
niylmbecfRi
iljr »i€t lur one
mui II ic
k7
by
.t V *4ie*>iiv auil the
ncc bctwetn that
Ak ; the nicest di*-
Hfn. Theohjeclof
■'" Jla
on-
"1 NIC le-
iuit? ba
.; I -
e? It is a
, [lolr t'\t'C\ I
■111 ;
lila
ilurc oi
3d, that
is uijiUiti^ more
Ti i^Mi* is done,
rtlL'ct: from
iilion tnci to
, and deter-
l>> a superior
ir. IS no If^.J JUl-
% Jx>rfJ^, and < oin-
uiuhdated, if such
diij% That coulil
i. suvs my tricnd; Tor if il
. ->i the n>embMs of
M tf' br ^udty of
, thill if
1 1 in the
bcr, ilicic wuuU have been
K lly the
e tnlurc
10 support
Elf-
of
lid
'.; a
life
omMntoiif Mui keeping up the npint ot the
fiilMii <if tbt Pf cTpir. OttM-rvt^, fur one n»<>-
MSDf, «»llat tec of VVavs ntld
McMMii ftrt:! wduuJs, l)nt :irtrng
ArtM piiqicii4^ vihich I have sUfrd, dial oo
Mttlf ilf the Ftiefwln fif Ih*!* Prnple, tODsl-
^dW^M lii y» lNi itsfnisi-
•«». lis 0w fni lU, aud
"^ -^ornr^ Jt i:uiUlllli1«e
acted by authority, and uii hthulf of the
Friends of the People ; and mnrk iht« wordw,
u rctoUcfi i ! Ill one
' ^* One I * Rs uf
elect and pay the ejipcnscs ol to ii
* Uie important e!nibaA!»y whi' u
i'k'dlo Vol I by the witnesses ; ai , ri
ufif was, to provHie fur tiic grand
plari , and not a trivial part uf it, was,
to pTt>curc iit^lrument^, such as you now see
upon yonr tdble ; and shall I now be told all
Ihig wai irmocent, and that the convention,
intended to b^ called and supported by butli
mean^, had nothin*; more than a legal relorin
in view? 1 dare say thousands of itu^e dc-
hitkd men, who p:r r *
Friends of the Vwr,
^ " H', as I hav€ he
lod and many r Ir ^
la : hut was tht '. :..-l .: yj
the name
such objects
W.
VIMU XXIV,
of
in
Jay
1 1' tr
i.3
Means deluded? Was it dchision that Jed
lliem to send Fairlcy round the country for the
purposes for which he went ? Was it delusion
tlmt made them desire Orrock to provide
pikes P Was it delusion that induced them to
pay Brown lor the pikes be had made ? Was
It delustion that made them consult and con-
sider of the cxtraordmary plan» of which you
have heard so much ? Mr. Cullen desired you
til consider, whether it was possible that tiiese
low men, assembled in small numhrrs, jin^iint
all these great purposes which I h;ivt* vfaled
ihera to have meant ; and slated the wildncss
and extravaf^ance of the plan, as rendering it
impossible for you to give credit to it»5 exist-
ence. Whether the sch*?me was wild and ex-
travagant, or not,-- 1 will not take ujion me
to sny : 1 he wild n ess and exiruvagatice of the
scheme does not prove the scheme <hd not
ejcist; and men arc not to cscaf>c puui%h'
nient^ because, thank G*hJ, iljc spirit of the
cotmtry is such, thai any such pian,altlK>ugh
supported by numbers much p^eater than
theirs, and men more powerfid than J hoy,
would be Wild and eiilravaeunt: But why sire
such schemes wild and* '" nt. Il is,
becvmse the spirit «jf lb is awake;
and because so mi3T:'' - ii. habitants of
these kinc^doms ba\ ed lorth by the
alarm; and have stot.L 1 m u w iv whif h
docs them huuour, aitd, i tru^t, bn e ]
to the designs of malevolent and y/\<
whether few or numerous; whettirr Jit iron
or abroad. But, thM there wan ^^ich a phin j
not less true, beCHu*« national loyalty aii^
spirit, a love for the king, and veneration ta
iiic constitution, hare r«odered il wild
extravagant
Oentlemen, you nughl hav<» thought,
haps, in former parts of your life, that
scheme bv ' n low occupatbns ii
Jde, and pomt uf money.
averb«t aii t ^*iibvi»4 lUt' ^^^^enuueut ^A %^
N m
Bi^aaiSiAHtfii^s^a^
179]
S* GEORGE 111.
Trial of David Do^nie
[180
country, was a thing so extmvajant, that its
extraviigance was evidence of its natt-ej[ist-
ence: but can you think so, at this day?
Have you not seen a mighty monarchy
crurableri to pieces? Have you not seen a
great king lea to the scaffold ? Have you not
seen all that was great, was learned, was
respectable or sacred, in oue of the mightiest
monarchies in Europe, scattered like chaff
before the wind, by instruments whom, hut a
few years ago, you should have thought vile
and contemptible? To use the phrase which
I borrow from my learned friend near me,
Uecause I never can do better than when 1
liorrow from him- — Such schemes are the
trea-^on of the day; the growth of this par-
ticular period; the treason of the hour in
which we now live. Melancholy experience
assures us of their existence; and even their
extravagance itself may rn some degree fur-
nish the means, and faciUtate their execution, i
I must next call your attention for a very
few moments to this committee. First, it is
-to pay the debts of the past convention ; then
to provide for the expenses of delegates to a
Dcw convention ; tlien it becomes a Committee
fof Union too large to act, too great in its
lliumbcrs; then a smaller committee is formed ;
b permanent committee ; a secret committee,
Ffionsisting of seven mem be re, chosen from
[the CommiUee of Union. What are the
IjKJwers entrus^ted to that committee? Unli-
fliiiLed powers overihc s<3ciety at hrge, as far
[^ delegation can go. One of the witnesses
id great difficulty in saying it was a secret
IfommiUee, and did not know what committee
Jilwas>; at last he says, it was just such a
Icommittee as men would have who wished to
I keep their business secret and private; that
[is, a commiLlee of secrecy. Now, what are
rthe acts of this committee? Its ftrsl act is, to
Testablish a set of collectors, who were to col*
fleet sense and mone^ ; who were to know
[ vhat number of patriots could be depended
^lipon; what exertions could be made in the
great cause. — Read the circular letter, and
nen tell me what were the views of the com-
FlDittee, *' We would wish to be informed
[ iKhat number of friends you have, whose pa-
ir iotissm you can rely upon, with the most
[implicit confidence, and whom you know will
I spare no exertion whatever iu promoting the
L great cause we have in hand;'* patriotism is
not sulficicDt 1 greater exertions are necessary.
[ What were these ? Read Fairley's paper with
the blank, as he has filled them up; what is
wanted at Stirling? Courage. What, was
courage wanting for a petition to parhament?
wai courage wanting to procure a reform by
legal and peaceable means? No: courage
was wanted for the hand to guide tho^e
pikes; courage was wanted for the toijcclors
v^ho were to conduct the division*;; couraj^c
was wanted to seize the Castle of Edinburgh,
I' and overcome them whose duty it was to dtf-
fend it ; to sei^e the judges, aiid oliier magis-
Iratei of the country; aad to 3eize upoa the
banks, and deluge this country witli blood,
from one end to Uie other.
Gentlemen, one of the first tilings done
after appointing tiiese collectors is, a meeting
for the purpose of answering Mr, Hardy*s cir-
cular letter, respecting another Britbh Con-
vention, about which I have said enough.
Watt, the leading member of the committee;
Downie, the treasurer, the general treasurer
of the Friends of the People, were tK)th pre-
sent at that meeting. Mr. Watt produces a
plan which he reads to the committee. Mr,
Culleu reads a quotation to you, to prove,
that if a person was once present at a consul-
tation for treasonable purposes, without
knowing wlmt the purposes of the meeting
were, he could not be guilty of treason ; most
unquestionably not ;— nor would I call upon
you to say Mr. Downie was guilty of treason,
if he had never done more than being present
at this meeting: and if nothing more passed
than passed the iirsi evening the plajiwas
read; if Mr. Downie had known nothing of
the nature and objects of the committee ; if
he had done nothmg before or since, to prove
his knowledge of, and accession to the whole:
the barely being present at a meeting for
treasonable purposes, without a knowleflffe of
these purposes before-hand^ is not of itself an
overt act of hii:^h treason. But what was his
conduct when the plan i^'as produced ? Two
persons (one of whom, if he was engaged in
schemes at any time liostile to the consUtu*
lion of his country, has most unquestionably
made that constitution all the amends in his
power, by the candid manner in which he
gave his testimony) ; I mean M*Ewan, when
that plan was mentioned, exclaimed against it;
and would not agree to any thing that was to
occasion bloodshed in the country ; Mr. Bon-
throne 5aid, No, no; and seemed to be in
greal fright, — Bonthrone immediately deter-
mined to leave the society, and to get rid of
it tor ever, and tree himself from every dan*
^erous consequence, which might attend his
having been present at such a meeting, by
stating to the world, that he had withdrawn
from these connexions. This conduct of
Bonth rone's strongly corroborates the evi-
dence of what the plan really was; it proves,
that it was a plan of very i;reat danger, and
very great alarm ; the plau proved is precisely
consistent with the eftec t the reading of it
produced on them ; it was to seize the Casllc
of E<linbtiTgb, raise a tire at the Excise-of-
fice, and when the soldiers came out to ex-
tinguish it, the Friends of the People sta-
tioned for the purpose, were to attack them.
Ah thes^c things wcn^ lo be done, nut bv the
assistance of ludilleretU mcn» who might be
pitked up by Watt and Duwuie; but by those
who meant to eh rl delegates, and pay their
expenses lo a future couventioiL by the con-
stituents of the Committee of Ways and
Means : one jiarly was to meet at the Lucken*
booths, auolrjcr at the Bow, others were
to be statiojicd to scire the judges and ma
18Ij fir High Treason.
gistntes of the city, mnd the hanks;
and then couriers were to he sent into
the couDtrjTy putting the farmers in a state
of requisitioD, and the gentry in a state
of confinement, under the penalty of death
for their disoh^ltence ; and, last of all, his
myesty himself was to be made to submit to
the inll of these conspirators. When this
phn is read, what says Downie of it ? Is he
alarmed at it ? Is there any evidence of his |
ft^t upon the occasion ; or, is there any ;
thmg of his drawn up to satisfy the world, |
be had abandoned all tnese committees ? But i
I am ready to take it, that at that meeting
be neither assented or dissented. It cannot
be denied the evidence eoes this length at
lent: but did Downie do no more? Mr.
Downie met Mr. Orrock at that Committee
of Ways and Means ; and Mr. Downie at
tbat Committee of Ways and Means, with
Mr. Watt, gave orders for the instruments
that were to accomplish this plan, and which
DOW lie upon your table. Does a man, when
be has dissented from a plan, join with ano-
tbcr in ordering the instruments to accom-
plish Hy and carry it into execution } Orrock
tells you, Downie was present when he had
tbe first conversation with Watt, when he
aud he would make a pike : What did Or-
rock do when he made it? He brought it
back: To what place? to George lioss's,
where the Committee of Ways and Means
Bttt Did he deliver it to Watt alone, by
cdliaf^ him out from the meeting, or deliver
it to hun publicly in the Committee of Union ;
10, he called out Mr. Watt and Mr. Downie ;
the Sub-committee met in the same house
vith tbe Committee of Union; Watt and
Downie were members of both committees ;
and they were called out by Onock as Sub-
committee-men, acting together, to talk about
these pikes. Did Downie say to him, you have
been talking of a plan that is to destroy the
^vcmment of this country ? You have been
talking of a plan, that mav deluce the streets
of Edinburgh with blood ; ana now you are
providing instruments and weapons for the
purpose of carrying it into execution, I will
have no more connexion with you: These
axe not the purposes for which we have asso-
cialcd : these are not the objects of our com-
mittees? No. He joins with Watt in telling
Orrock to make a numl)er of pikes, and then
bring them back. To whom was Orrock to
bring them ? To the Committee of Ways
and Means, consisting of Mr. Downie, and
Mr. Stoke, and I believe at that time, if I re-
collect, M'Ewaii. When Mr. Downie hrard
Mr. Watt was apprehended ; when he heard
thjit M*£wan haa been examined, lie goes to
Mr. M'Ewan, and asks him what questions
bad been put to him, and tells hnn— Mr.
M*£wan, it yon arc examined again, and you
are asked whether you know me, say no:
aid if I am asked wkiethcr I know you, I will
*ay, no. Mr. M'Ewan* much to his honour,
Ri'uKd to have any tiling to do with such a
A. D. nQ*.
ri8i?
scheme. But, Is Downic*s the conduct of an
innocent man ? No. It is the conduct of a
man who had assented to the plan from the
beginning. And here I must remark, that it
was from this conversation that M*Kwan for
the first time learned that Downie had paid
mone}[ to Martin Todd and Brown for pikes.
Who is Brown? He is concerned in the
same business, in which Downie and Watt
employed Orrock. Brown is employe<l to
make pikes— Who pays Brown? Downie.
Out of what fund ? Out of the fund of the
Committee of Ways and Means. Who or-
dered the pikes from Orrock ? The Commit-
tee of Ways and Means. Now, I am told, I
have not proved that Downie knew that this
money was paid for pikes. I leave you to
judge of that. Orrock was employed to make
pikes by order of the Comniittce of Ways and
Means. Brown was employed by Watt for
the same purpose ; he pays him by an onlcr
upon Downie, the treasurer of the committee,
the general treasurer of the Friends of the
People. Downie pays him out of these funds
— ^Is it credible that he did not know the
Eurpose for which the money was paid ? Did
e, who employed Orrock, not know the oc-
cupation of Brown ? But if this be not suffi-
cient evidence of the complete assent of
Downie, attend to the evidence given by
Fairley. Whom was Fairley employed by ?
Originallv by Mr. Watt ? No. By the Com-
mittee of Ways and Means. Whose message
was he to carry P A message from the Com-
mittee of Ways and Means. Whose instruc-
tions had he to carry ? The instructions of
the Committee of Ways and Means. Who
did he give back the instructions to? He
was to give them back to a clerk of the Com-
mittee of Ways and Means. Still I am told,
that Mr. Downie knew nothing of the mis-
sion of Fairley. It is said, he might mean
only to send those letters and papers, and
might not mean anything about the plan.
It was the instructions alone, which told
Fairley where he was to go, and where he
i was to deliver those letters. He was to de-
I liver the letters at Falkirk, Stirling, Burrows-
I tounness,St. Ninians, Kilsyth, Kirkintulloch,
! Campsie, Glasgow, and Paisley. You wiil
! determine if these instructions did not come
! from the Committee of Wa.ys and Means;
. for it is admitted Downie knew of tlie distri-
. bution of the »)apers, and knew where they
were to be conveyed ; and did he then n<tt
'■ know of the instructions by which Fairley
was told the route he was to tnke ? Read
' the circular letter, and say whether there is
! not a pretty close connexion between that
' letter, and the plan and projects already
1 mentioned ? Whore did Fairley go when he
I came back ? To the Committee ot Ways and
Means. Who jmid the cxi»cnsrs of his jour-
ney? Downie. Troin whom did he get the
money to enable him u> i^o ? From Downie.
Now, if Mr. Dowmc knew nothing of those
iustructions, did it never occur to him to ask
183]
U GEOIIGE III.
why (lid you go to Glasgow, o#to this or thdt
place ? Was Downie surprised at the circuit
ne had made, or did he inquire for what pur-
pose, or with what view it was undertaKen.
No, 00 tlie contrary, he readily ^id him for
his trouble in undertaking the journey, and
seemed satisfied with the manner in which it
was performed. You will judse from that,
whether Mr. Downie knew of the other trans-
actions of the Committee of Ways and
Means. Gentlemen, you recollect, too, that
when Watt and Downie gave instructions to
Orrock to make the pikes, Watt and Downie
desired him to keep in his eye the drawing
they made ; and when he brought the pike
he had made, he was sent out of the room
while Watt and Downie had a consultation
together. After that consultation, he was
cuTled from the Committee of Union, into
which he was goine, and received from them
two jointly, the oraer for the pikes, which he
executed, and which now lie before you.
There is another circumstance, a strong
circumstance it is too : a pike has been seen in
the house of Mr. Downie : when it was seen,
it was endeavoured to he concealed ; it was
called by Mr. and Mrs. Downie a dividing-
knife. Whetl\er the ini^trunient that is
now produced be like a dividing- knife or not,
you will judge. That conversation between
Mr. and Mrs. Downie, affects Downie with a
knowledge of these pikes being in the house.
The circumsuncc ol its being called a divid-
ing-knife, and concealing both itK being there,
and what it really was, is one to which you
will no doubt give its due weight. Certain
it is, that it was not foimd in his house when
search was made several days after the ap-
prehension of Watt. Vou recollect the pike
was seen in his house prior to the apprehen-
.sionof Watt, and posterior to theapprenen.sion
of Watt was not found there ; and it was after
that apprehension, too, that he went and had
that conversation with M'Ewan, which I have
mentioned: you will judge whether, from all
these circumstances, there is not complete
evidence of Downie be'inf'^ part iceps crimims;
of his having assented to that plan of treason,
in all its circumstances; the conversation
withM*Ewan; the tinding the pike in the
house; conversing with Hrown ; sending
Fairley, and paying him after he rame back
from his journey ; the pikes being actually
made by Orrock, as ordered by him ; and his
not dissenting from the plan when read, and
his full knowledge of all the views, plans,
and objects both of this convention and the
prcccdinu convention, with all those rircum-
stances in your minds, tell me whether the
result is not complete conviction ?
Now I come to the Fencible paper. Upon
that I shall make no comment. 1 desire you
to read it ; and, after you have read it, judge
whether it does not insinuate to the soldiers,
that their wives will be ravished ; their chil-
dren and fathers butchered by troops of
fi^reign mercenarioB. Gentlemen^ does tbe
TrM of David Dannie [IBi;
Eaper mean that these horrible deeds were to
e perpetrated by foreign invaders? Tliey
were to be perpetrated by those who come to
be received here in kindness and hospitality.
Who are these that are to be received with
kindness and hospiulity? That paper saysy
these outrages were to be the return for kind-
ness and hospitality. To whom was kindness
to be shown ? To the troops brought here by
his majesty to defend the country, and not to*
those that come to invade it. The allusion to
the massacre of Glencoe, while it brings
melancholy and disgraceful scenes to our re-
membrance, clearly points out what the troops
are, which the paper insinuates were to be
brought here to do those deeds of horror.
What is the fair construction of this paper,
but an endeavour to insinuate to the soldiers
of this country, that if they were to defend
another part of this nation Irom an invasion,
the very government they went to defend,
would ravage their country, destroy their fami-
lies, and massacre every person they held dear.
A dotibt has been suggested, whether the dis-
l>ersion and publication of the paper can be
evidence under this indictment? I take it
there is no room for such doubt.
Gentlemen, we have charged the prisoner
with a conspiracy to resist the government of
the kingdom. We have charged him with a
conspiracy to compel the king to yield to
certain demands. I am entitled to give every
act of his in evidence, which will prove that
conspiracy, or which can explain the objects
he had in view. Above all, I am entitled to
give in evidence the means he used to make
that conspiracy effectual, and the mode he
took to compel the king to >ield to his
demands, the engines he employed to support
his convention, and render vain all resistance
to its decrees. One of these means were,
those instruments Iving upon the table? ano-
ther was, inciting tiie soldiers to mutiny and
rebellion, and depriving the crown of those
legal means of resistance, with which the
conslitiUion has most Mi^ely entrusted it. I
am not obliged to lay all the evidence as overt
acts; out ot kindness to the prisoner, and in
order th.it he mi»ht have as lull a knowledge
as possible of tne case we meant to make
against him, as this mode of trial is somewhat
nmv in this country, we have been unnecessa-
rily minute and particular in our indictment.
Many, very many of what we have laid as
distinct overt acts, might have l>cen given in
evidence under a more general charge. It
cannot be doubted that the plan iuv securing
the Castle, and every thing relative to the
ordering or ])repariiig of pikes, might have
been given in evidence under a charge of a
conspiracy to levy war, or to depose the king;
and of that conspiracy there would have been
evidence ; they may alsu be stated as overt
acts in themselves ; because they are means
used to effectuate the |nirpose of the mind,
and that a purpose which cannot be carried
into ezecviion, without endigigering the life
183]
far High Treason*
A. D. 17M.
[186
of hb mfttesty, and bringing his person into
danger and peril ; a more direct evidence of a
coDiipiffacy to levy war again&t the king can-
not M, than the circumstance of debauching
the araayy and endeavouring to arm the sub-
jcclB against the sovereign. It is to deprive
ilie king of the assistance of his subjects, and,
in the words of lord chief justice Treby,
which 1 have already read to' you, he that
intends to deprive the king of the assistance
of his subjects, cannot intend less than his
ruin and destruction.
Now, take all these facts together. Take
the intentions they had in view; the means
they took to carry their intention into execu-
tion : take the plan of calling a convention ;
take the plan of seizing the Castle; consider
what were to be the nature and power of that
convention when called ; the means used to
dd)auch the army ; the actual facts of making
and providing arms; and then judge, geutlc-
men, whether, ifthis scheme had been carried
into execution, his majesty's life would not
have been in danger } Had this scheme been
carried into execution, there would have been
DO covemmcnt in this country. The Kin^,
Lords, and Commons were superseded in their
aathoiity ; force was to take place of law, and
the wiJl of the multitude to stand in lieu of
the constitution. It is with great satisfaction
1 say, that all those designs have proved
abortive. I know that there is a spirit of
loyalty in these soldiers who have been at-
tempted to be debauched, as well as in almost
all the inhabitants of this country, which I
trust will long render all such attempts abor-
tive, by whomsoever they may be made, or by
wbomsoever they may be conducted But,
let it not be said, that because such scheme
Bay be abortive, if attempted to be carried
into eieaition, that those concerned are not
to be puni«hed for the crimes. It is no light
thing, gentlemen, to attempt to set aside the
xoyernn'ient of the country. The slightest
evils which can arise, and the least dangerous
consequences that must ensue from attempts
to supersede the laws and constitution of the
country, and to render every thing subservient
to the will of the multitude is, the letting
loose the turbulent passions of mankind, and
the removing for a time the wholesome rc-
Mraints of law and order ; and it is no light
thin^ to remove the restraints of law from the
multitude. The restraints of law arc as much
a part of your liberties, as any other part of
the const it! It ion. It is the reslramtoflaw that
confines the unruly ; it is the restraint of hiw
that cuntroh the violent; it is the restraint
of law that prevents the turbulent passions of
niaiikind from overwhelming this country and
every other '■oiintry in blood. Remove tht*
restraints of hiw, and no one can icll the
mi^liief he introduces. Its eflfcct upon tlio
BMilittiidc, which, in all ages, and in all
cormtrieA, is nearly the same, is well described
hy the eliegant Roman historian Livjr,who, in
n«irbUng some of the sudden rcvolotums which
took place in some of the states of^icily, in
which the minds of the lower orders of men
were much aritated, philosophically and ele-
gantly remarKs, '< ilxc natura multitudinis
est: aut servit humilit^r, aut supcrbc domina-
tur : Libertatem quae media est, nee spernere
modic^, nee habere sciunt* et non ferm^
desunt iranim indulgentes mmistri, qui avidos
atquc intempcrantes plcbeiorum animos ad
sangiiinem et cedes irritent: Sicut tum ex-
templo prac tores rogationem promulgarent, ac-
ccptaque pene priusquam promulgata est, ut
omnis regia slirps interficeretur." May God,
in his good providence, avert such evils from
this happy land ! But let us not be inattentive
to the page of history, or to the experience of
the present hour, and leave unpunished these
dangerous attempts, because the spirit of the
nation may ultimately render them abortive.
Such an attempt, dchberately resolved upon,
and, as we imagine, clearly proved, we have
laid before you. It is your duty, calmly to
weigh the whole of the evidence, coolly to
consider the matter, and lay vour hand]» to
your hearts, and say, ii^hether this prisoner be
guilty or not, of the treason laid to his charge,
as the crime is great, and the consequences of
the attempt dreadful. Yeu are anxiously to
guard agamst every impression which horror
for the crime, or dread of its consequences,
may have upon your minds. If the crime is
great, the punishment is also the greatest the
law knows, or which a subject of Uiis country
can suffer: and satisfactory ought to be the
evidence which calls upon you to pronounce a
verdict of guilty. Such we think we have
laid before you; but if you can acquit him
upon the evidence, I shall rdoice. I have
done rny duly, and my learnen friends their
duty, in laymg the case before you. It is
your huhiness to judge of it, and judge of it I
am sure you wil^ in a manner, that, whether
you acquit or condemn the prisoner, from tlie
cluractcr you bear in the world, and from
your conduct and attention this day, your
decision will reflect honor on yourselves, and
credit on your country.
SumfiiiG UK
The Lord Presideni ;— Gentlemen ?— Tlic
circumstances which have been exhibited to
view upon the present occasion, are some of
then) of a nature so extraordinary, that I be-
lieve, at any after time, the existence of tiiem
will not easily be credited.
Tlicre have been periods in the history of
this country, (I mean Ijcotland), when the
lower classes of people had reason to com-
plain of their condition; wlien ignorance,
idleness, and superstition reigned, and poverty
was the consequence ; when the power of the
ni»hU:s, and chiefs of clans, was too great for
the kin^ and the body of the people. In
those times, commerce and manufactures
were unknown amongst us, and agriculture
was nearly in the same state ; the chief em^
pk)ymcnt of all ranks of men in the country^
IS7J
34 GEORGE fIL
Trial cfDinid Dovcnie
ri88
hrin^ ovti w;ir, Umiiy fnuU, riot, and depre^
rhtKm. Rut how wirlcW diflferent haw the «Ule
of thi< country fiffri for ft conittflcrable lime
hwk ' And, pnrrirtiUrlyy v^hat is it at the pre-
Afint niornrrit ^ f will ircntiirc ti> »ay, there is
no rmiritry rxisting, which is at present more
fl#iiiri«hmfi(; no peoole whose general con-
diti/»n i^ hrtter, or wh'ise rights and hberties
HTf nuiTf. firmly s^-curwl.
f rr nrlcmen, the evil d'>es not lie there, but
in H dillcrrnt qii.irler altr^ffether. f am afraid
it is loo wfil known. ItTies in the insidious
nttrrnpU ii( driii^ning and desperate men, to
brinji; ihisrounlry into the misrralilc situation
of l'r»i»(:r. It IS not a fltnig^lc for liberty, in
a proper sensr. It is not a strii)];gle for hap-
piness. It i« not a strngf(le vvtiu for reform,
tlioiiKh tliat word has brea inurh used. Ke-
jorni is no doidit the prricnre; but it is too
obvious that Ibr rejil olijf'cl is power. It is
to throw thf powrr ol thrRUite iulo the hands
of jMipulnr Irndrrs, who thrnisrlvf:s would be
bMl, tiH thry ;irn in itnothcr rounlry, by the
nmltitudr.
(trnllrnirn, it is nrnHesn to enlarge ii|)on
tlii>; tri|ii( . I will only br{( Iruve to read a
pRssti^r wliirh strut k inr ii goiKl deal in an
ndniiinhlr spfrrh lately ilrlivrrnl in the par-
rMiucnl of lirlnnd, wdrrr this matter is put
in a I Inir point <»f view. •• The rash career,
lUiil lutal ruii<(ri|uriuTS of a rcfoiniing spirit,
ha VI' latrly brrii hrou)cht before our view by
fticln H) si liking luid impressive, that what
was formerly ronjerluir, is now eonviilion;
and ifwr will not liillowtlie example of others,
we n»ay possibly add to future misfortunes,
till' agftravsition of <«elf n'nr«»,icli. The pro-
pn «is iH natural, and is applieable as a warn-
ing; to rvrry eouulry in Ivurope ; for there is so
murli ui\ifornul\ in the uahire and prweed-
in^^ol nianjhal in their eombinalioiiNul must
ah\:»>'' ^inular r-uivs produre similar elVctls,
sinulai « onihtions similar eonst'ipicmes, and
thrrefoiv I do not he<^itate to say, with every
degviM' o1 rr*pei't and alVeftion for the people
.let in j: xvUlnii theii p»oj»er spheiv. with every
degree of lonvjclion. that their h;»ppiiie?s is
the * hirl euil and iA\\fy\ ofevrry giHHi i;overn-
menl ; \ lio not hesitate to say. that there
nevTv ha* brrn an m^'tanre in ar.v a^e or
eomUn. ni \xhiih ^v.IiIumI povrr ^la* l>cen
av«u«iri^ t^\ the loMTi oviler* v^f thr i>r*","»le.
bx thi^*r w|;o^r ri^i.*at;rn i« rj;ni^ran»'e. \vho»^
^ondjiion IS nnrevl;«nit> . who>«* patnmonv i*
hooe, aud wh^^*.r empnr mn*t br commotu''n.
vhitl^ lia« nol ^MV\o*1 suli\r;M\c of iiUtIv.
I'.rs'.v"., nx r iM iV.r penrvai h a }Y' '•"»<" "'J^. ■'^•"»^^ I'^T-
tienijtii'* rnt,-.itoiV^te to 1hl^^r t*ho Ctrc \hc
ar,th,Mv 0*11 "
^X c rr ft r X f.^ r. ! . r r ; 1 1 . ^ »>•..■.•.■. .■ "i"s n ( w <s.-, ■. x , 1
psv».a.cf. u'v. '•. \ •p.'.C.:.-, I i,-. have \c:\*\ i.\ a
s-n\ a»i Mit UxA »r,v.-. rrjv.Mvs Tlir ftii
thoi o:"^ hal K^.^K. sm,^njE .'-ihrr t I'.ino. *V'Wpare5
% Mstf t<-^ ? *.l.ip. sind If iN a ^^^:x", »*»r pciLap*
a table (Knt ii i» tt<> mnuei whlrh^, ot* the
rnmofaahipKaxingtalcttiill A their heftds
to say, what right has «iich a man to be a
master ? What right has such aaother to sit
at the helm and be pilot ? Have we not all
aa much skill, axMl are we not all eoual by
nature? Upon this thev immediately pro-
ceeded to areas themsefves in the officers
clothes; to get drunk with their liquors ; and
having taken the command of the ship,
the consequence was, they steered her upon
rocks and hhoals, and the whole crew, officers
and men, peri&hed in one indiscriminate
wreck.
Gentlemen, before you proceed to consider
tlic proof, it is necessary that you should un*
derstand with accuracy what the law of trea-
son is upon which you are to judge, I mean
tliat branch of it which is connect^ with the
present business.
[Here his lordship gave the same precise state
of the law of treason that he had done in
the case of Watt, to which, therefore, it
will be sufficient to refer.]
Gentlemen, it does not seem necessary to
trouble you faithcr upon the argument in law,
which appears to me to be sufficiently clear,
and the same is the opinion of my brother
judges. 1 shall only put this farther case to
you by way of illustration. Let me suppose
that the rebellion in 1745 had not gone the
length of an actual rising in arms, and taking
the field ; that it had been stopt and prevent-
ed in the very outset ? but that nevertheless
the persons concerned had settled their plans
of operation ; that arms had been commis-
bioncd from France, some actually provided,
and other such preliminary measures taken.
In such circumstances, it could not have been
s;iid that (here was any actual levying of war,
and, therefore, a charge of high treason against
any of the parlies concerned, could not have
been laid upon that branch of the statute ;
but can there he any doubt that it would have
been a punl charge upon the other branch,
the circumstances afore s^aid being alleged as
overt acts of compassing the king's deatn ?
(icntlemen, submitting these observations
to you in point of law. f shall endeavour to
be short in st.<tin^ what I have to say upon
the evidence, wnich ought, in a great mea-
sure, to be left to v our "own consule ration, as
you are to be the judges of it, and not the
Court.
The indictment is branched ou; into a va-
rictx of ;ir; ides, but they resolve ^abstantiaUy
j into A \CT\ tfw.
I ist. That the prisc-ncr. a: org with others,
'■ ro-.'isiiUe*'. .\r.i conspired to yr..K-urc a meeting
I ii- V»f hiiii ;:ni^fr iltC r.Airje c-f a ccuvention,
t^-r the p;i:j«».s^ . ;' ii>;:ri-.ac the powers of go-
viTnmrrit ^hz .t:iis!.ii;.'n. Tcv.;css;ng alleged
v::ifvan*xs.i.r-»; ;-::r»^i;-|: jxtv-i:: rtriaiachan^K.
•;ndl}, Triat -..hf/ diu afiu-ux meet, cao-
. suit, and a^Tw, ibout Ci^r. pc-ling the king by
force of arms to alter ir*c measures cigortTo^
' mmv, to intnoducr nem lair», and to conqAy
mith ccrtiia <krmindt>
fm High Treason.
3n1I asulted and conspired
out fe< ^ Jeof Edifi burgh J al lack-
and surprising the ktng*s forces, aod lak-
' possession of certain public offices, and
(IS 10 authority.
it they instigated and excited a
MS to assist in their measures,
Lirley to go about as an emis-
^fv '.., 13 of the' country, to coIJect
m Qs; and that, in prosecution
^r • s, they caused pikes,
iji like instnmients, to be
C^: tiiero farcibly to resist the
• rninent.
V* .s- .v.^^.^ iw the 1st, vi^. the project of a
coorentkn, I am umvillin^ to go back lo the
proccedmg^ '^'ftlit' « onvcntiou, actually held
la Edmbtjr^ i he British Convention,
K^hicb *»^aa <i u December, 17 93 ; be-
csia^ it *cci been the understand*
ofhbtii ivocalc, wlieii the pri-
waa adduced ah a witness in some of the
fQf sedition, ^^hich ensued upon that
^ that he himself should not be tried
t}img then done. But, it is by no
foreign to the purpose, that the na-
the^ proceedings should be ua-
m order, that it may appear,
iCT llie prisoner, notwithstanding his
released from all accusation as to what
i« in that convention, did immediately
rda proceed in adopting similar niea-
sotl, in conjunction wuh others, his
ibrming the plan of a new general
eoiifvaillofi for the like purposes, although
Ibey acquiesced in the legality of what the
•iirfHraitd the magistrate*^ of Edinburgh had
m dispersing the former, as they took
ep lo counteract it by application to a
tii Uw. Instead of openly coni plaining
itionof tho^e magistrates, which
L :'y might have done, had their own
|rccecaii)rB been legal^ we lind them mecling
agaia liia eiandestine manner,and instituting
Committees of Union, and of Ways and
in the view of sending delegates to a
Inieiuled convention to be held m some
even spoke out by themselves. It
Uiat they appointed Fairley as an
couafafy . for tlie purpose of collecting money
la be Mged in the hand>j of this prisoner,
«lu» art* their treasurer, and a zealous mem-
har »f hpfttii the comn^itrre* already mention*
A. 0. l?<>k
[ir>o
^f
III lit-'
10 til
ucfalliavv..
Umat uUf cbarg' i i
Ciedb? the tomut
ce» wludi w€fO r<
h| alcadjf preMnt«:«J
of these contrihu-
I i-nse of sendinaMJe-
l ucwconvention. This
-are lo, both by MCub-
and other heads under
K' libf rtv of classing the
.11 1 Mils prisoner; it is
.; : . ' i : I II- r UTittfii evi-
lly V-
iLient
it was b\ no menus the in-
of theae aocieties to proceed anj
In tMl wajr; tut it was their deiermi*
ned plan, by means of a genera! convention
and by other violent methods, to carry Ihtil
measures into execution; and vou wiitcon^iJ
dcr, whether there are not su&cient cirruiu
stances to show, that the prisoner, as an
tive member, and treasurer of the Secrt^t Con
mitlecs at Edinburgh, \\*as a principal part;
to all those wicked designs, by which th
king*s government was to be ovcrturnedl
One material circumstance is, the plan or pro
ject which is said lo have been furmea b^
Wall, and communicated by hira lu this pr
soner, and other members of the Cotnmitlei
of Ways and Means, of seizing upon the Caft
lie of Edinburgh, and the judges, ^c. With
regard lo this, it appears, upon the evidenc
of no less than three different witnesses, thai
a paper, containing such a plan, was read aV
a meeting of that committee, where the pri«
soncr was present ; it was read by Watt, and
dissented lo by tw^o of those present, M'E wan
and Bon throne, but not by the prisoner. You
are to consider what weight is to l>e laid upon
the circumstances of the prisoner's silence,
and neither approving of the measure propos-
ed, nor disapproving of it, by words or sig;nc
of any kind. You will no doubt also keep ill
view, that there is no direct evidence ot his*^
having had any previous knowledge of this
paper ; and M^Ewansays, ** He does not know
that the subject of this paper was cither spoka'
of again at that mecling, or ut any subsi>-*
queni meeting ; that the plan seemed to he
entirely W^alt s, who altered lomethin^ in it/'
Bonthrone also sayn, he did not consider the
proposal as made to the Committee, but en-
tirely as a *'phren/y" of Wall's. At the
same time, it is proved, thai the prisoner did
not signify either surprise or dissent, though
M*Ewan and Bonthrone did so, and uflcr-
wards absented themselves, as they told you,
from those meetings ; — the prisoner did not
act in that munncr, but continued an active
member of the committees, along with Wall*
Gentlemen, there is another circuinstant^c
which connects, in some degree, with tlial
which has been just spoken to, and has a
very strong and slrikmg appearance ;"the
purpose of seizing upon the (asile of Edin-
burgh, surround iiig ihc soldiers, and taking
prisoners ilie diflerent persons in hi^h public
characters in ihiacily ; and seizing the public
Bank, and Excise omce, could not possibly be
carried into execution, without pulling arms
into the hands of those who were lo be em-
ployed ; so that arms were i lobe
provided; and it is clearly i it the
prisoner waa tujually conct'ni«<i \mui >V all, in
apply mg to Urruck ihe hinilh, and oibt'r9,
and givmg dirctnons aboul making the wea-
pons now lying on the table. Orrock's evi-
dence was very strong upon this head, and
one of the instrumcnU wm actually found in
his (Dowoie's) possession, bv Margaret
Whitccross, the servant maidL How it came
into his liands, does not appear. Of thiM, you^
must form your own conjectures. He
wmmL
191J
3i GEORGE III.
Trial of David Dotonie
[199
been late out the night preceding, and it was
found early the next morning by the maid-SGr*
vant in his dining roum ; and almost itnme-
diatcly after, it was taken away and kept out
of view. Suiuetliing was afterwards said by
Mrs. Downie, in the presence of the servant-
nuiid, i^Miut finding this instrument in the
dining-room. iSho said to the prisoner, what
have you done with the large dtvidint^-knit'e
or carving-knife, which Charles found h) the
dining room ? or something to that purpose ;
upon which the prisoner said, he had locked
it up. 'ihis circumstance appears unfavoiir-
:ible to the prisoner ; althotigh it is a possfiblc
case, that the instrument may have been left
in the room, not by the prisoner, but without
his knowledge by his son, who appears, from
the servant-maid's evidence, to have risen
out of bis bed at an early hour in the morn-
ing, and taken it away, when he heard her in
the room.
Another circumstance^ which seems pretty
clearly brought home to this prisoner is, his
accession to the inHanimatory address intend-
ed for the fencibic soldiers, and to the use
made of it at Dalkeith, as sworn to by several
witnesses. The efloct of this I submit en>
tirely to yourselves, being doubtful whether
Qoy weight ought to be given to it, as not be*
iug specifically stated ni the indictment ;
tliougn tlicre arc genenil wunls in some of
the articles, under v/hich tho counsel for his
majesty endeavoured to bhow, that any at-
tempt to excite rebellion or insurrection in
the country mi^ht be introduced.
Witli these observations, I shall leave the
case in your hands. If, upon due considera-
tion of tne whole, you shall be of opinion, that
the prisoner, and those with whom he asso-
ciated, had no bad design against the king or
^vernment of this country; that they are
unjustly accused of something they liad no
idea of themselves ; in short, that the pri-
soner is an innocent man : or, if nou think it a
doubtful case, your leaning oii<;ht to be for
innocence. But if, on the other hand, from
:iil the circumstances that have been brouj;ht
in evidence before you (which I have stated
a^ well as I could do at this late hour), you are
satisfied tltat there is sufficient evidence to
briog home to the pri!>oner any of the overt
acts which arc necessary in point of law to
constitute the crime of hiu;h treason ; 1 need
scarcely obscrx'e to geutleiuen of your >itua-
tion and character,^ Uiat you arc bound, by
tlie solemn oath wliich you have taken^ and
by the duty which you owe to yourselves and
the country, to pronounce a verdict against
the prisoner, wliatcver the consciiueuic ni;iy
be. It is not your province to slww cv)ni|nis-
sion or nu^rcy. If any such idea canariacat
uU, it must come from a different quarter. It
is your duty to find the truth, and nuthiuj: but
the truth, ami this I have no doubt will be
understood by you.
The jury retired for about half an luMir;
when they retumcd, they were called over by
the clerk of Arraigns, and each answered to
bis name.
CUrk of Arraigns, — Gentlemen of the Jurr
are you agreed in your verdict. Who stiail
say for you ?
Jury. — Our foreman.
Clerk of Arraif^nn, — David Downie, hold
up your hand [which he diJj. — Gentlemen of
the jury, look upon the prisoner. How say
ye? Is the prisoner jjuilly of this high trea-
son, whereof he stands indicted ; guilty or not
Guilty.
Foreman of the Jury, — ^David Downie is
Guilty.
Clerk of Arraigns. — Gentlemen, what
goods or chattels, lauds or tenements, had he
at the time the high treason was committed,
or at any time since, to your knowledge ?
Juri/. — None to our knowledge.
Clerk if Arraigns. — Then hearken to your
verdict, as the Court hath recorded it. You
say, that David Downie is guilty of high trea-
son, whereof he stands indicted ; but that lie
had no goods or chattels, lands nor tenements,
at the time of the high treason committed|
or at any time since to your knowledge.
Jury. — I'pon account of certain circum-
stances, we desire lo recommend the prisoner
to mere v.
It heinp; past four oVlock in the mominv^
on Saturday, Si'plruibcr the Gth, the Court aa-
journed to twelve o'clock on the same day.
Saturday September Gth.
The Court met this day at twelve o'clock,
an;reeable to adjournment. Tho following
iiidgcs were present; lord president, lord chief
baron, lord Eskgrove, baron Norton, lord
Dunsinnan.
The prisoners Rolicrt Watt and David
Downie being brought to the bar,
Mr. JlaiiiiUim * counsel for Ilobert Watt said :
My Lord President ;— In the situation in
whicli i am placed in this case, I feel my-
self called upon to let no point or circuni.
stance whatever escape, which I conceive can
be of any aid or benefit to the prisoner, and to
the defence of his life with whirti I have been
entrusted ; — I therefore, my loni, feel it to be
my duly, now to state in arre>t of judgment
upon ti:c j^risoner at ifie bar, 1st, that there is
an absohitc nullity in the commission
itsoif, under the authority of which this Court
has acti^i ; and. 2nd, tlut there is a manifest
in formality and defective btylc in the iiidict-
UKMit, which uui>t nL-cessaVily prevent any
jutlijMieut heiiii; logjlly prouotuued upon il.
I pon the first ut these plea>, I must call
tho aiieniion of the t'uurt. to the act uf parlia-
■ ' ' —~~ ■ ■ ' " I" ■ ' ■'"
* Thi* was, in the original oviition of Dow-
Die's trial, reported wry incorrectly: Mr.
iiamilton has tiimished me with an accurate
account of his speech, of which I have hero
availed myself.
Jiif High Treoiou.
Itii fd Anne, c, ^l, ** For improving
tb« ilM^tt of the iwo kin^OottiV by which it
it m^ms$g4f ** th^i b«c maiesly may i^^im out
I of Oyer %QQ Terminer in Scot-
, 10 Micti iKCsons a% 1
MilBliiwkin nf Oy«| and Termin^r^ whereof
ftt l# 1m of thi» quorum/' Aod it is also
|PiKd» ^'lliat Habere any such commi&siou
vfOjrfraiid Tormuiflf, aball i^sue, pursuautto
(li^i^i iM4(Jti Ui fui eicculed within any dis-
Uid where there is n ju.nicp trrneral, or per-
«D liAynog ' iiohadjuris-
MiM ID t<^ .at the time
iflpikJPig Um& <a£t, ir^in auU afler the time
liiiilich fight N oiadc appear hefore the
Uu less I' I.' ' ■ ■
lord prcsJiJ' . .
Mr. baron IN urU'U, luu: lit r^ji^
[191 1
rlilute u courU
so might the lord meVidcni, with the lord
chief baron and lord Alva ; and in like maa« |
ner, willi lord Alva, and Mr. biiron Norton*
vet n«''
the t.
then* :
^:!gh all in '
Ky, It 19
Hstraled
'•■^Ai henq
, that no ^
1, havci ia
n is not j
V.CII place
WtflTi
m
OfOfCr
or «uch '
Ofi
appear
crtificdlolhclord
; au( h justice ge-
- ii^ht ol [xiblU
IfyWUieir shall be in
!l; one ol the quo*
statute, imf^ue;*-
iim a» a sine qun
II Ice^l court tan
tion is apph'
iiy ; three of
limc^, ULcording to the sta-
\fK itt if»^nib^is nf the courtfor
liic t4 1 But what
iHo roy * present in-
Mitb</n;« r .MHi VI. ur lurd^hips will
4nVTlfil§ly mMk, wbclh< r that commission
hii tneii VRirii in thi^ lernis auLhurizcd by
9>(fk!m 7th of queen Anne.; and if
,..v,.,t,.... 1 1. It it is no legal com-
lich has pasicd
It \^ arcoriTnii'Iv
t .
ky ttod »«kn
aiont it con
I sImH danuu.itr.i l m.4u-
Fur bc: ^ of iiH-
ly» tli« luiti jii:itice Llcrk, lord
jiji4 lord Kskgrovc, to whom
M added;
' and rc-
tnt: Ljuuumii the
>f ^ssion is alt»o,
' •" ^'*' r MO of the
tsticiary
. ink, the
lie;
as one
in fjom
mS't an-
i^nd all
• it.
ive
•I'tbeq.mr
VOL XXIV*
lii'vil/cil hy tin: - : '; 1
answer to Ihi'
such courts as i
fact, been forrutd; a^ L
Jacti^ but jurn^-WfA to v^ i
but to whai ive taktu pUc€ according
to the ten c commission. But it is
j^ufhcient to make out, that this commission
has overleaped the enaUmeut of queen Anne,
by force of which alone^ it could exist at all ;
«nd it is on thai account unauthorized and
illej5al,and • ^ ..i - -. -- which Live followed
under it, r , or receive effert.
Your Ili , r .adily consider, that
the strictest interpretation is always moi-t
justly given to statutes which contain any
enactments relative to criminal justice ; this
rule is fixed in fuvorem vUue^ and admits of
no exception or deviation; and upon that prior
ciple^ the same strictness of mterpretatioa
must be given to the statute of queen Anne^
which introduced and estuLUshed the court
before whom an ofTence of this high criminal
nature can be brougltt to trial. It i^ not
indeed necessary to ar^ue for a Iia)ited and
narrow construction ; Jur there cannot, I sub-
mit, be a doubty that a commisBion has beea
iasuedi not in term* of the statute, hut whicli
< ifHii>i in iIlc sinallest pari'f iili*r l>t ih-st^nii-d
ilie conuii
I J prescribi -
ly ; and uo jud^uient m the prisbt^ol Wr
e. can be pronounced.
J iiough I do, my Jord, rely, with much ccmv
fidence, upon what I have just now stated, it
is proper, at the »ame time, to call your atten-
tion to the second ground of objection, tipon
which I contend ihat no jucL ' imst
the prisoner at the bar can be \ 1.
Y^our lordships are fully aw air, uj.il ui all
indictments or charges of a criminal nature,
certain technical wordii and phr4Ses aic unt*
formly required. This is a rule in our ow»
fjfocedure; and according to the law of Eng*
and, on which we are now pioceeding, pecu-
har nicely is, 1 find, otscrveu. 1 hiivr Inokr I
into some of the law books and i<:
and I have found that in any indicii
felony, whether for Urcc.uy or murder, tiiou^U
the preci-^c di^y is Jniated upon which tilt
malii ; " V ^^ril^
the a_ >ary
: ' ' ■ iHJ ComjiHJUUU nl t,. ■'
I indiccited and was ]
ih as to iv^^'" •"' •
cd inmii
-..,.., ^..J the fact, I... J .
O
195]
34 GEORGE UI.
Trial of David Dofunie
[196
In the caic accordingly of an iadlctrocnt for
munier, wf herein a precise day was affixed to
fbe cc^Dceived malice^ it would^ notwithstand-
ing, as I understand, be defective, unless the
place where, and the time of giving the fatal
stroke, were connected with the time of form-
ing the design to kill. The words of style
adopted to make out and announce that con-
nexion^ formerly were adtunc et iUdem ; and
since the statutes 4th Geo. ^nd,c, «6, and dth
Geo. Sod; c. lA^thtn and t^ercare theiecbni-
cal expressions in observance*
In support of these positions I must refer
your lordships to lord chief justice Haie, who
in the Pleas of the Crown, part 2, c. 25,
•* Concerning the form of Indictments," p,
178, — observes that ** In an indictment of
felony, there must be adtunc £t ibidem to the
stroke or to the robbery, and the day and place
of the assault is not sufficient, and this in fa-
vor cm vittt. And therefore it is usual to repeat
the Qdtunc ci ibidem to the several parts of
the fact, as in larceny or robbery from the
person/* and he then states various examples
— thus : " A is indicted ^uodprimo die Maii,
Anno 2ndo EliirfOpud C, habent in manH m&
dejtrd gladtuw^ S^c, percustit B., and it is not
said adtunc tt ibidem percustit, quashed, be-
cause the day and year and place, relate to
the having of the sword, not to the stroke.**
Serjeant Hawkins, book 2, c. 95, of Indict-
ment^ and in regard lo specifying lime and
placCf gives an opinion to the same import,
as to iSe necessity of the terms adtunc H ibi-
dem being repeated in the subsequent clauses
of an iudidmf nt ; and it is observed^ that
* If omitted, judgment may be arrested —
Strange 901," This rule has, so far as I can
learn ^ been uniformly followed and observed
in practice. In the indictment against Ha-
milton, governor of Carlisle, in the year 1746,
which appears to have been the precedent,
and was the rule upon which all the indict-
ments in the trials at that unhappy period
were framed, and which is given at length by
air Michael Foster in his Report, p. 5, 6, it
will be found, that after specifying the precise
place and date to the main charge of the trea-
son, the aggravating circumstances, and va.
rious overt acts, are carcixilly connected with
the icclmical words of reference then and
there^ which are accordingly cautiously re-
fieated in relation to all the acts charged.
Reads that indictment from Foster] » And
this rule was confirmed in the case of Rhen*
wick Williams, tried on 8th July, 1790, re-
jKjrlcd by Mr. Leach, case 236, where the
tmiission to connect the acts charged by the
copulatives then and there was fatal to the
indictment.
Now upon looking into the indictment in
the present ca^<», it certainly does not appfsr
ttiat the I in 1746» quoted from Fo!u
tcr, has wed. It has, on the ceo -
tnisybeii departed fii>ni, inaftniueh
I the I ; words then 4tu/ ihete,
ttrv not ff^»4 Lrr^iiiuiug to Old to be found m
it,— The rule of style in an indicttnent for
murder b equally applicable to a ca§e of
treason. The compassing and imagining the
death of the kin^, and the traitorous desiea
to do so, is the crime charged : and in order
to make the indictment complete, the overt
act or acts specified, should have been con«
nected by a (^i and f Aere, with the period
at which the evil imagination, manifested bj
such acts, was conceived. — This has not beca
done, so that the indictment is rendered, I
conceive, defective. And at all events the
precetlent in 1746, which has always been re-
garded as the fixed leg^d style of an indict-
menl for criminal charges of this descriptioo^
has been lost sight of and disregarded. And
upon these grounds, accordingly, I move your
lordships, tnat no judgment upon the pri-
soner can in the present instance be legally
pronounced.
Mr, Ji'hn Clerks counsel for Mr. Doviue^
stated, that though, in point of law, the ob-
jections urged by Mr. Hamiilon, would, if au»-
tained, be equally available to his client; yet
he did not mean to insist upon them. He
had been recommended to mercy by a most
respectable jury of his countrymen, and huin-
bly threw himself upon his majesty^s cle^^
mency.
Mr. Anstruthcr in answer to the second of
Mr. Hamilton's objections, stated that it was
undoubtedly necessary, when the lime and
place was specially condescended upon only
m the first count of the indictment, tore-
peat the words then and there at the other
counts : but that, in this case, the time and
place were especially condescended upon at
every separate count m the indictment.
In answer to the other point arsjued by Mr*
Hamilton, Mr Anstntther statcci, that the
meaain^ of the legislature, in dcclurmg^ that
tliree o? the lords of justiciary should l)c in
the commission, and one of the quorum, wa»,
that the common people of this country
might not think that they were tu be tried
entirely by strangers, but that some persons
acquainted with tne laws of their own country
should be among their judges. He contended
the act of parliament had been completely
cumpHed with in the present ca»e. The iocd
justice general, and lord justice Clerk, lo>
gcthcr with the whole judges of ju^ti* '
were in the commission; and the lord ju
general, lord justice Clerk, and two of
commissioners of iustkiury, were declared,
along with the lord president of tin- • nurt of
session, to be of the qtiorum. M Ijcpc
contended, that it wa» not the m^ liic.
statute that none but the lord ju
lord justice Clerk, and lords con
justiciary, should l#e a qtiorum, bui that
of them should be of th«? quorum, alon^
such 0?!
point
tff,
had br
that noiii
lyesty Chhomd t
(j«,al least, of the
an
n/7] J^ Higk Treason.
wbicliirayU ftutborize any objectioii upon the
A. D. 1794.
[198
The Courl unnnimotssly repelled both ob-
AUCTXHnt steps of form, prockmation ^iis
id« hy iht) cryefp aoa (silence being or-
Mr- KJmpp cie^ircd Uobert Watt to
lip tic§ hand ; upoti which he read to him
tkw n> ■ 1 lor which be was tried,
d — ^ charges you plead Not
ami c^^i vuurbelf upon God and your
^ ; that country has found you Guilly. —
you any reason to assign why the sen-
of the Idw, which is Death, ahould not
m he recited to David Downie.
remained silent.
'ill*
I Zord Pretident then addressed the pri-
» at IbUowa : —
trt Watt* David Downie;— That pari
duty which remains to be perfonned
1^ tltta €3oiirt, is a most dislressing one, but
tllielcs»t You had Uie mtsfor-
Mlo be '» that bar, under the
r^Mirge vi iir;;u trea&on; and after the
iooMiry, and most fair and impartial
P jott Cttire each of you been convicted,
r Qiouanious voice of most respectable
inaa of jour country^ as guilty of that alro-
loiis crime.
Tile cvkleDGe on which the verdicts pro-
mM_ waft such as left no room for doubt or
j; and the pubhc roust be completely
ih*t the consequence was unavoid*
I /oor designs been carried into ejiecti'
Ibo, bjr so a<^lual insurrection of those de-
hM fitefV whose leaders you appear in a
omsi me^afor^ to have lieen, although in the
j^n miat have failed, yei^ in tne mean
ft Kcne of unutterable distress^
. _ _ J and bloodshed must have ensued,
Ait Ihe Wry idea of it is horrible.
ftftrfalftiicf^ to an cstiiblished government
only be justified by the pica of absolute
todiapeniable necessity. iVnd this can
«aisl without the most unequivocal
of il : and the most general concur-
lli*- sres which become ne*
«/ this country at
n in 1688 ; but no
n J 11 If- 1 degree of truth or
I' tut such necessity occurs at
if K.t '' •iitti ihcre has been less
1 o#c> 1 it any period since this
ftmi ^s, ^-A.^.tucc. No material cir-
haa happened in the present reign,
iticki^ h:ivr pivcn occasion for any
, it is to be imputed
' '' ?i;!n!iof bad and des-
Eoe4i , that such daring
la h- made here, and
Mims^to
of the
liut li ts iu be Uo{>t^U^ liiAi the vi-
gilance of the executive govemracnl, and the
strong arm of the law, will be sufficient for
our protection ; and I also hope and trust, that
what has now befallen you^ will be such an
admonition to others, that there will be itttla
danger of such execrable plans being agaia
thought of, for a lon^ period to come.
You have yet a little time to reflect seriously
tipon your past conduct, and to prepare for
that awful change which is soon to follow.
Let me esthort you to make the best use of
your time, and to apply for assistance to
those who can assist you in such important
meditations*
It only remains to pronounce the sentence
of the law, which is in these words t^ —
SENTTKCEt
The Court doth adjudge, that you, and each
of you, be drawn upon a hurdle to the place
of execution ; that you be there hanged by
the neck, but not until you are dead; and
that being alive, you, and each of you, i>e cut
down^ and your bowels taken out, and burnt
before your face. That each of your heads
be severed from your bodies ; and your bo-
dies divided into four parts; and that your
heads and quarters be disposed of a% the king
shall think titi and so the Lord have mercy
upon your souls !
This is the sentence of the law; and I give
farther notice to you, and to each of you, that
tins sentence will be carried bto execulion,
upon Wednesday the 15th of October next,
between the hours of twelve at noon, and
four in the afternoon, in terms of a precept
to that effect, which will be delivered to the
sheriff; this notice 1 give you by order of the
Court
They received the dreadful sentence with
much firmness and composure, and were im-
mediately conducted to the CasUe*
The following account of the execution of
Robert Watt is taken from the New Aonual
licgislerfor the year 1794; —
" Edinburgh, October 10. — Yesterday,
about half' past one o'clock, the two junior
magistrates, with white rods in their hands,
white gloves, &c,, the Uev. Pdncipal B^ird^
and a number of constables, uttended by the
town officers, and the city guiird hiiing the
streets, walked in procession iroro the council
chamber to the east end of the C:i«;tle*hill,
when a message was sent to the i^hcfitf m the
Castle, that they were there waiting to re-
ceive the prisoner, Robert Wait, lie was
immediately placed in a hurdle, with his back
to the horse, and Ihe executioner, with a ,
large axe in his hiind, took his scut opposite
to him at the furihcr cud of the hurdle.
** The procession then set out from the
Castle, the sheriffs wsilking in front, with
white rods in their hands, white gloves, &c* ;
a number of country constables surrounding
the hurdle^ and the military keeping off tiie
109]
35 GEORGE III.
TritU of Tkmat Hardy
CSOO
crowd. In this in!iiin«?r they prt?c^edpd fill
they joined ihe mag^istraic^, when the mili-
tary returned to the Cai4]e, and then the
procession was conducted iti ibe follovviiig
order:— The city con^ubles; town oflicers
barc'hciided ; baiiic Lothian^ and bailie Dal-
rymnle; Uev. PrinrtpJ Buird; Mr. Sheriff
ClctK, and Mr. Sherlfi Davidson ; a number
of country constables; the hurdle paintetl
LlfickT nnd dnwn bvm ip^hite horse; a num*
her ^ ties. The citv giianl,
linr olF the crowcf.
*• V^ inn iHr V ij.tuM:;(rliCd IhO TOlboOlh doOf,
the prisoner Wiis t^iken from the hurdle, and
conflicted into the prison, where u conside-
rable time was spmit ia drvotional enerci^iea-
The prisoner ilicn came out upon the plat-
form, attci»ded Ly the magistrates, the she*
rilBi Principal Bkird| &c. Some time was
tli«fi speiit in prayer and singing psidms;
after which the prisoner mountcctlie drop-
board, and was taunched into oteriii^.
** VMicii the body was taken down^it wia
stretched upon a table, and the ejecuttaner^
with two hlows of the axe, severed off th»
head^ which was received into a basket, umI
thMi held up to the multitude« while thu
eittcuiioner called aloud ' Thi$ \$ tfm head ^'^
» Ira /ft»r» iand to perith &il tmitan,*** — New
Ann, Keg , 17«H, n. 58. That pan of ih#
sentence which relates to being quaitovd,
^c. had been previously remitted.
David DowBie, in consequence of the re-
commendation of tbejurv by whom lie waa
tried* received his Majesty^s Pardon.
604. The Trial of Tbomas Hardy for High Treason, before the
Court holden under a Special Commission of Oyer and
Terminer, at the Sessions House in the Old Bailey, on the
28lh, 29th, 30tb, and 3lst days of October, and the 1st, 3d,
4th, and 5th days of November: 35 Geobge HI. i. p*-
1794.*
On ihe tenth day of September^ 1194, a
eial cummi^^ion of Oyer and Terminer
issued under the Great Seal of Great
Britain to inquire of certain high treasons ami
misprisions of treason within the county of
]VIiddkiM^a.
On Thursday, the second of October, the
f^peciut conuni^sion was opened at the 8cssion
house in Clerkenwcll :
the rizht honourable sir James
' '* -^ f u?,ticeof hi^ : - " V>
the right '
..^.J, knt. lunl cL.i . i.^i.>ti
trt of Exchequer; the ho-
' I'ltnl Hnlli:ini knt. nnf of
Present,-
IljTe. kii^
court of I
tir A^-»'
of 1
iron:
the barons ot
quer: the her. . i
<jne of the justiccj* ol ins nmjtUy's court of
c:cinmt>n picas; the honourable sir N:uh
Grose, kni, one of the justices of hi
foint of King's4)cnch; the liom
^ ftl*' ' lice, knt one of the jii^liccs uf
I court of KmgVbt'uch; and
BCr> ui'^ m.t^ ■ ' ' \'c.
After the ♦ ! been read. \hv
tkhcrifl' dchvrriia m ihe panel or '
jury, whirh WYis culled ovrr, when i
iiig ' 1 were sworn i—
ULi a 111 3hort4iaad by JtmfkQmn^'.
THE CfeANB JUUT
BcnJ. Win til ropy esq. Samuel Hawklni^
J. U. Schneider, esq. ~
Edw, Iron Slide, esq.
M
Benj. Kenton, esq
IL IL Boddam, esq*
John Ari^, esq.
VVm. P. A!lct,esq.
John Perrv. esq.
TL P. Kuif, esq.
Thos. Winslow, esq,
Thomas Cole, esq.
Lord Chief Justice
the Grand Inqnesl ; -
under the authority of t
which hu^ l)ccn issued i
uuthurUy ut
That whi*
vr.
confusion^ \^
rr:inrpi*' .1 r
George Ward, taq
Thomas Boddam, esq.
Jos, Lancaster, cmj,
Robt. Wilkinson, esq,
G.G. Mills esq.
Henry Wright, esq.
John Ilatchott, esq.
R, Stevenson, esq.
John Campbell, e&<|.
Evrr*— Gentlemen of
de-
u^tt£oo, and
c p^rauni
i\Tn
pt
dom.'^
oecasbn far Hill
* ^'V^a )at6
tnd df^
in
ID
hh
'J-
«oil
Jkr High Tnamn.
A. D* 1794.
[202
thn firtt ii\A d!M(«e step in tKis, as m
Ofdituy'i !nminal proceedings, ift, thai •
^houid Dtake jviiblic
on ! Uould diligeDtly in-
B^lliicovEr, and briug forwiirti lo the view
Ibft ertiniiiiii majri^-^ritf*^ thii:>e otfence?*
I to lkr*f iind to d^
['ecial comnaia-
;M
I L lord the
ndictment
n;L iiir II tie nature
Mjd. The king com-
»^H inqmry; but
t] :■ vn alt its other
^, J -Lilies ultimately
I le. It is the king's
iioate his peace, nis
feii becau5e his peace, his
ir. ' . are the subjecls' prolec-
^ir ind their ham>ines9.
l!ti th#^m thiit tlie laws have
B!ir I round the per-
I 1 , and that all
la^air^ ' i rare con-
%B Uie rh can be
d, aHfiai* piuiiiiicu wiLji a severity
aoilimi^ but the mIus popvH am
y calls upon me Tin
tif r nnderstand tnc
t ymi) to open
e, which I have
enefiil,
,95 Edward Srd, has de-
- to you so
-tion asap-
I rubabk relation to
^af * : : high trea-
«< Lih of the
>fti'* II- and imagi-
Ih: ae act or acts
(I I ! i ive been done
f- rution of that
. , that i% from
H ked imacinalion of
ri , Tliri! snv ?>teps are
iftAy itiatitief ct>i! ' the bring-
il and rAcctin^ U^ . the iutcn-
the crime, aud the measure of
re technically deno-
1 the forms of pro-
-^ that
IV set
eii- ovprl art* involve them in two
\^i 'n!>; ist, the matter of
rnnni^t ; In the next
p design*
■>f facl» it
1 t#c U, ■ .■ into the
t ftiste V tiUle to
r to your coramtniugn fespccUug It : and^
will » tiie question, le fact
ha- 1 ' ' the rJcizn, *:< > titale
an overt act if U
involves cons 1 1 ly,
it i"? impossible that any i:tf Uin niit bhouid be
laid down for your governmetit ; overt acts
being in their nature all the pos^^ibte mean»
whicli may be used in the prosecution of the
end proposed; they can be no otherwise
defined^ and must remain for ever infinitely
various.
Thus far, T can inform yout that occasions
have unhappily, hut too frequently, brought
overt acts of this species of treason under con-
sideration ; in const^cpieuce of which we are
furnished with judicial opinions upou man^
of them ? aod we are also I'urnlshed with opi-
nions (drawn from these sources) of text
writers— some of the wisest and mo5t enlijrht*
encd men of their time, whoso 1) ' 3
been always cotisidered as the u. ii-
nent feature of their character, autl whose
doctrines do now form great land- marks, by
which posterity will be enabled to trace, wilfi
a great dei^ee of certainty, the boundary
lines btt" '- * ' -^- '-^" i-on, sind ufiences of «
lower or
It is 11 ...,....*«.;. v..,v;imi?t:in-^' •^'-' we are
thus assisted ; for it is not uibled
thatj though the crime o! - _; ^ion is
*' the greatest crime against taith, duty, and
human society,'' and though, ** the public is
deeply interested in every prosecution of Ihis
kind well founded,'' there hath been, in the
best times, a considerable degree of jealousy
on the Subject of prosecutions fur hi^h Irej^-
son ; they are state prosecutions, and the con-
sequences to the party accused are penal in
the extreme.
Jurors andjudg:cs ought to feel an extraordi-
na!7 anxiety that prosecutions of this nature
should proceed upon solid grounds. I can
easily r^-^rf iv^ therefore, that it must be a
great rr rs placed in the responsible
situation ...J I YOU now stand bound to do
I justice to I heir country and to the persona
I accused, and anxious 1u discharge this trust
! faithhiHy ; sure 1 am that it is consolation and
comfort to us, who have upon us the rcspon-
sibdity of declaring what the law is, in cases
in whirh tiie public and the individual are §0
dei I i Hied; to have such men as the
gr< I hew Hale, and an eminent judge
ofrur owM tmies, wlio^ with the experience
of a century concurs wiiti him in opinion, sit
Michael Foster, for our guides.
I To proce<^d by steps: htrni these wrlteri
, upon the law of treason (who speak, as I
j have before observed, upon tbe authority of ad-
.judged cases) we learn, that not only acts of
immediate aud direct attempt against the
king's life are overt acts of compassing his
deathp but that all the remoter steps, uken
with a view to us^i^t, \r> hnri'z !ihout the actiml
attempt* are •
of treason ; *
iOg Whftt Bteps StlOUlti be Ufv^jR in
order 10 j
M
803]
35 GEORGE III.
Trial of TItomat Hardy
[204
m
bring abgut the end proi>osGd, has beeo &Iw7iy5
deemed tu be »n act done in prosecution of
the design, and as sucb ao overt act of this
treason — This is our first step in die present
inquiry. I proceed to observe that the overt
acts I have been now speaking of have refer-
ence, nearer or more remote, to a direct and im-
niediate attempt upon the life of the king; but
thai the same authority informs us that they
who aim directly at the li^e of the kmg (sucb,
for ju'^^^"'' ^* the persons who were con-
cerned a-ssiDation plot, m the reign
of kin^i jy fu-enol the only persons who
can be said to compass or imagine the death
f>f the king. The entering into measures
which, in the nature of tilings, or in lbej;om-
mon experience of mankind, do obviously lend
to bring the life of the king into danger, is
ailso compassing and imaginmc the death of
~' e king ; and the measures which are taken
ill be at once evidence of the compassing,
tod overt acts oi it.
The instances which are put by sir Matthew
Hale and bir Michael Foster (and upon which
there have been adjudged casesj are of conspi*
iftcies to depose the kmg ; to im]>risoD him ;
to get his person into the power gf the conspi-
rators ; to procure an invasion of the kingdom.
The first of tliesc, apparcrjtly the strongest
case, and coming the nearest to the direct at-
tempt a^inst the hfe uf the king; the last,
the farthest removed from that direct attempt,
but being a measure tending to de^itroy the
public peace of the country to introduce hos-
tilities, and the necessity of resisting force by
force, and where it is obvious, that the con-
flict has an ultimate tendency to bring Uie
yerson and ht'e of the king into jeopard)r ; it
u taken to be a sound construction of the
statute 25 Edward Srd« and the clear law of
the land, that this is also compassing and
imagining the death of the king.
If a conspiracy to depose or to imprison
the king, to get his person into the power of
the conspirators, or to procure an invasion of
the kingdom, involves in it the compassing
and imagining of his death and if steps taken
in prosecution of such a conspiracy are rightly
deemed overt acts of the treason of imagining
mnd compassing the king*s death : need 1 ado,
that if it should appear that it has entered
into the heart of any man who is a subject of
this coimlry, to design, to overthrow the
whole government of the country, to pull
down aud to subvert from its very foundations
the British monarchy, that glorious fabric
which it has been the work of ages to eroct,
inaintam and support, which has been co-
in ted with the oest blood of our ancestors ;
design such a horrible ruin and devastation,
*cl] no king could survive, a crime of such
a magnitude that no lawgiver in this country
hath ever ventured to contemplate itin its whole
extent ; need I add, 1 saVt Unit the com plica-
tii';: ■.. ' ■'.'■ " ' ■ * t, I - irh a do-
»i.. ily seen,
of the kmg is involved in it, b, ia triab* of
its very essence.
This is too plain a case to require 1
illustration from me* If any man of pli
sense, but not conversant with subjects
this nature, should feel himself disposed
ask whether a conspiracy of this i>.
be reached by this medium only ; t{
is a specific treason to com pa-
the death of the king, and no^
son to conspire to subvert i..u. ,,
itself; 1 answer, that the statute of Edwiip
3rd, by which we are governed!, halh i:
declared this (which in all just theory
treason is the greatest of all treasons} to I
hi^h treason*
I said no lawgiver bad ever ventured
contemplate it in its whole extent; the mdUk
regni, spoken of by some ot' our ancie
writers, cornea the nearest to it, but falls
short of it ; perhaps if it were now a queslic .
whether such a conspiracy should be made i
specific treason, it nught be argued to be UQ
necessary : that in securing the person ma
authority of the king from all Jangcr, th
monarchy, the religion and laws of our counlr,
are incidentally secured ; that the constitution
of our government is so framed, that
imperial crown of the realm b the coma
centre of the whole ; that all traitorY>U9 <
tempts upon any part of it are iastant)|
communicated to Umt centre, and fell there;
and that, as upon every principle of public
poliqr and justice they are punishable as
traitorous attempts against the king's pcr'jon
or authority, anu will, according to the parti-
cular nature of the trditorous atrr V '
witl^n one or other of the speciti
against the king, declared by the bUiu^c
25 Edward 3rd ; this greatest of all treafionai
sufficiently provided against by law,
Genllemen, I presume, 1 hardly need gii
you this caution, that though it has been m
pressly declared, by the highest authority^
that there do exist in this country men capable •
of meditating the destruction of the constitu* |
tion under which we live ; that dtfclaratioo^
being extrajudicial, is not a ground upon wUkh
you ought to proceed.
In conseouenccof that declaration it becamt
a public ana indispensable duty of his majesty
to institute this solemn proceeding, and I
impose upon you the painful task ol examii
ing the accusations which shall be brougb
before you ; but it will be your duty la ei
amine them in a regular judiciiil course, Ui«
is, by hearing tlie evidence, and forming your
own judgment upon it.
And here, as I do not think it necessary
trouble you with observations upon the oi
branches of the statute 25 £> , tl:
charge to the grand inquest iJL .rid«
had not Uie particular nature ol the
alleged to nave been formed ai:
state, her. ' , ' ' - * ' fj
pubhc no^
houses ol ^>^uuaiU(;Ui.» iiwrSV iu t.\t^y viit 4,
hr High Tnasm,
tnl that being tlie case, I am apprc-
ii¥i} th«t I shall not be ibon^ht to have
Sled the duty, which the Jutt^e owes to
t grami juTjy when questions m the criminal
iriie on new and exlraordtnary cases of
if I did not plainly and distincliy state
hat I conceive the law to be, or what doubts
may arise in law, upon the facta
^. I irc likeW to be laid before you, accord-
ig U> the diiierent points of view in which
base facts may aj^pear to you*
It i% mailer of public notoriety that there
aire been associations formed in this county,
"/in giber parts of tlie kingdom, the prt>-
l pofpose of which has been a change in
omistilution of the Comuiuns House of
and the obtaining of annuai par-
and that to some of these associa-
other purposes, hidden under this veil,
es* the most traitorous, have been
and that some of these associations
0 supposed to have actually adopted
I of 8uch^ nature^ and to nave gone
I macb accesses, as will amount to the crime
riiigli trcftsoo.
If lhef<e be ground to consider the professed
fiq>oie of any of these associations, a reform
laMrliamcnt,as mere colour, and as a pretext
Md out tn order to cover deeper designs —
ifsi^ni ag;unst the whole constitution and
enl of the country ; the case of those
in such designs i^ that which I
already ctinsidered. Whether this be
aov ^ t>o^* ^ mere matter of fact; as to which
I iball oolir remind you, that an inquiry into
acbtf^s of this nature/ which undertakes to
mibt OQl that the ostensible purpose is a
mm€ ml, under which is concealed a trai-
^BfOiia eofMpf racy, requires cool and deliberate
ntion, and the most attentive conside-
; ami thai the result should be perfectly
aiid tatiifaetory* In the affairs of com-
Ills, no man is justified in imputing to
til / TV to what he himself
, ' 1 1 lest evidence. On
•Other uif. tne charge can be
out , I ^ to the crime meditated
cpeii ,. ...u^tion and treachery, with
t to tiiose individuais, who may be
in to embark in theo&tensible yiurpose,
««U ai to the public, aeainst which this
*k mjrimtf of wickedness is fabricated.
if i»e suppose these associations to
to the professed purpose, and to have
ruhmari/ object, »t Tnuy be asked, is it
and (if it be poKi^ble) by wtiat pro-
it, that an assocmrion for the reform of
it can work itself up to the crime of
raasoof All iri nay, all men
iflltcy pO!«%CF ly of ihmkin^,
ufioti every 1**,**,^ .>uich sufficiently
Uiom to become objects of their
itkNitaiui ammie the objects of the at ten-
of free taesi, toe principles of govern-
ibs eomilliitioii of particular govem-
afidyaboTc ail» Uie con^iituUon of the
i| imda wJiich they live^ will natu-
A. D. 17M,
[9Wf
rally engage attention, and provoke specula-
tion. The power of communication of thoughts
and opinions is tlic gilt of God, and thafrceSoni
of it is the source of all science, the first fruits
and the ultimate happiness of society ; and
therefore it seems to follow, that human lawt
ought not to interpose, nay» cannot interpose,
to prevent the communication of sentiments
and opinions in vol untarjr assemblies of men;
all which is true, with this single reservation^
thai those assemblies are to be so composed,
and so conducted, as not to endanger the
public peace and good order of the government
under which they hve ; and I shSl not state
lo you that associations and assemblies of
men, for the purpose of obtaining a reform in
the interior constitution of the British parlia-
ment, are simply unlawful ; but, on the other
hand, I must slate lo you, that they may but
too easily degenerate, and become unlawful^
in the highest degree, even to the enormous
estent of the crime of high treason.
The process is very simple : let us imagine
Id ourselves this case ; a few well meaning
men conceive that they and their fellow
subjects labour under some grievance ; they
assemble peaceably to deliberate on the means
of obtaining redress; the numbers increase ;
the discussion grows animated, eager^ and
violent ; a rash measure is proposed, adopted,
and acted upon ; who can say where this shall
stop, and that these men, who originally
assembled peaceably, shall not iinally, and
suddenly too, involve themselves in the crime
of high treason ? It is apparent how easily
an impetuous man may precipitate such as-
semblies into crimes of unforeseen magnitude,
and danger to the state ; but, let it be con-
sidered, that bad men may also find their way
into such assemblies* and use the innocent
purposes of their association as the stalking
norse to their purposes of a very different
complexion. How easy for such men to
practise upon the creduhty and the enthusiasm
of honest men, lovers of their country, loyal
to their prince, but eagerly bent upon some
speculative improvements in the frame, and
internal roediauism of the government? If
we suppose bad men to have once gained an
ascendancy in an assembly of this description,
popular in its constitution, and having popular
objects; how easy is it for such men to plunge
such an assembly into the mo^t criminal ei*
cesses? Thus far I am speaking in general,
merely to ilhistrate the proposition, that men
who assemble in i-rder to procure a reform of
parliament may iivolve themselves in the
guilt of high treason »
The notoriety to which I have alluded leads
me to suppose, thaltlie project of a convention
of the ]>eoplc to be assembled under the
advice and direction of some of these societies,
or of delegations from them, will be the lead-
ing fdct, which will be laid before vou in ev>»
dcnce, respecting the conduct, and measures
of these associations ; a project, which per-
haps, in better timcSf would nave been hardly
$5 GEORGE III.
thmight worthy of crave con sidera lion ; but,
in these *jnr days "aving been atlempted to
\f^ put > ' on in a distant p;irt of the
united '^^<^f with the example uf a
iwighl untry before our eye*; is
( 4e6crv 'fi ayi object of the jealousy
I of our iiivv^ : n, will lie your ': '■ *- rxamine
the evidence on thi» hencl ^ i ly* and
to sift it to the boUom ; to c ,,,,,, . , vi/rv part
0<*it in iljelf, nnd as it elands connected with
Other parts of it, and to draw the tcurlu.sion
of fad, as to the existence, the md
the abject of this project of ;i lyu,
frora the whole.
In the course of the evidence you will pro*
bably hear of bodies of men hnving been col-
lected together, of violent resolutions veled at
theae amd ttt other meetingt, of fionie prepara*
liofi of ofien&ive weapons, and of the adoption
of iho taogwige, and manner of proceeding of
lho6e conventions in France, which have pos*
aessed tbemselfis of the government of that
muMry I I dwell not on the$e particulars,
liecaiite I consider them^ not as substantive
trf4£onS| but, as ctrcumslamres of evutence,
tending to a^^ertain the true a*tur« of the
object which these persons had in view, and
also the true nature of thie* project of a con-
Tentiofi, and to be considered by you in the
tnasa of that evidence ; which evidence it
dbea oot fall within the province of the charge
to consider in detail ; my present duly is, to
inforoi vou what tlie law is upon the matter of
fact, which in your judgoaent shall be tlie
result of the evidence,
I presume that 1 have sufficiently eiplained
t# i^p tliat a project to brinj^ the neople
|i logelber in convcolion, in imitation or those
{ Wrtlftflal conventions which we have heard of
m Fitace^ in order to usurp the government
of tie couotry, and any one step taken towards
bfinglog it about, such as, fur iostance, con^
iuUaiions, forming of commiltees to con-
i iiyder of thfl means, acting in those committees,
t would ba a case of no di faculty that it would
W llie ckare&t \ on; it would be
COopMailig and ^; the king's deaths
and not only his dcadi, but the death and
destruction of ail order, religion, laws, all
property! ail security tor tlie lives and liberties
of toe June's subjects.
That which rrr— * V- -,^.;.k— .^ j^^
the project of a r ole
object the effoci ^,, .,«„j«^of
i«|»reaciitatioa «*: i pvliaAottl,
and thff nhtaimng ,- ►is ihould h<^
b- Ify ; and
d»^ ^^ Such a I
takiig It to be ainiinai, may becrumnai in
difatiil dtgreesi according to the case in
evidence, trom whence you are to oolleol the
|nic nature and eatent of the plan, and the
inattner in which it ^
eail il «tU become a (.
what oia^") uf uuucit U ongnx to
Trial of Thamat Uardtf
quality of this project of a oonvenlbn, ye
will lay down to yoursolvea one principle
which is never to be departed from, thai!
alterations in the represventation of the peopl#]
in parliament, or in the law K : ' '
hamcnts can only t>e effected I v
of the King, Lords, and Comuiuii^, m pAnia^j
ment assembled, This Wing taken as a fo<
ilij;, n \\ ^-eerns to follow as -^
jce, lh.il a project of a c-
idd liaVL' for il:^ <iiju i t iL
a parliamentar
of parlki-ni^nt.
be hi
is a
Tlie ^ovxijiuiciu t.<
the tunctions of k^
moment; and it Ihcu L
sequence indeed^ that t!
tors, perhaps, had onlyni«U]
moderate reform : it ib in the i
that the power should l'^ ■
arul be beyond tlie re.i
A conspiracy of this nuu..,. .. ».^
best, a conspiracy to overturn tl
ment, in order to new model it. \s
eliect, to introduce anarchy,
anarchy may chance to i»etii
after the king may have been broii
scaffold, and after the country >
suffered all the miseries which diKofd mA\
civil war shall have (nroduced.
Wheihef the project of a cor
ing for iia olitJ^ot the oollecL
power whkh should overawe llie it^jibluuv
body, and en tort a parUanieatary reform froa
it, if acted upon, wt^' :^ - iuiount to big
treason, and to Uu eason i^i coin^l
parsing and imagini ' '<''■«,
moreooubtlul que^ £
a fort**" utiritli thf \>-Ar
atel>
tcgi.i .
can hnvo no etiect at all, i^
in parliamrnt by the kmg's n^
with the ttdvioe asd eenieoioi die Luids
Co m monf^ , i n parliwenl aasem hi <^ d A for
med I mat the parlian^
a for led againat tht ^
' ihe ease of a lorrr
<;, to compel him i
ca^, it di
rented by u.^ ,., .....
clear law, that
such aibrce« m
.s respectir
of I:
ais(%
•l»e khig
^ h iaoftht ver.
will t>e fit to Ir iiier«i, aj>o i
leruiinod whiri irise.
It may beaiikitfu t^yuuni^ciear, thai the |
cc)nspim<
|n we L
it
refute :
f.''
Hi,
voaid not I
r
9rhktt
tni
WSki I
itiii
ft"»f i;
vou X,\IV.
Jbr High Treason.
El, having for Its s^ole object a
bleapplica.tio[i to the wisdom
*'r\. of a wished- for
hoi lid be tntiiled
in- iiriivir>Juy of
intent the
lint or to
ui the peliiion (grcut as Ihe
: 1 be on the persons c oncer n-
' I the many probable, and
I id cdDsequcfJces ofcoilect-
sber ol people together, with
1 powers to be exercised, and
rt]t*Dt but that of their own
it in itself merit to be ranked
> of offences which we are
- hear and determine,
♦ 'trmeat of the fact of the
Lipon^ and therefore it
; tr me to say more.
ii vvilj now proceed upon the
r inquir}*, which have been
] find that the par-
. before you, have
Jul L'uds by lawful means,
indiiicrcet, or al the worst if
v have not been criminal to
c Irciisuns lo whjcli our in
cd, th«!n say^ that the bills
t*:enled to you are not true
« rhearcuscd persons shall
hecn engaged in that
U- roji-,r^n irv described
ifwilh-
! !' length
. c vet ac^tcd upon
. oi* bringing about
uuiuon of the commons
or in the manner of
ut the authority of
uf it, by an usurp-
in that instance,
illy of llic kin^,
!"^' r»ta?*»emble3,
n «f legisla-
te a conspi-
and con«»ti-
1 only in the
you will tUeu do thai
office to do,
: tlic case of the accused
I tind them involved in,
t de^^i^n to collect the
- 1 the legislative autho-
'F the purpose, not of
. of the lej^i'^l.iture, but
iment, and *o compel-
lud comn»ons, in par-
ri.Hci a law for new
use of parhamcnt,
aiiriii^ . iind that
^ii mam-
I J only:
-pect of
rous ex-
LumpJc'Xiun uf such a
which 1 slate to you as
A. D. lIHs
[glO
a new and a doubtful case, should be put inlo_^
a judicbl course of inquiry, that it may recciva
a solemn adjudication, whether it will, or wilf
not, amount to hi^h treason, in order U) which
the bills must be found to be true bills.
Gentlemen, I h^ive not opened to you th|
law of misprision of treason, because I as
not aware that there are any commitment
for that offence ; and therefore I have no rea
^n to suppose that there will be any pros
cutioQ for that offence. It consists of \Y.
concealment of treason committed by others'
(which undoubtedly it is every man's duty lo
disclose), and the pumshmeot is extremely
severe; hut ihe Immauily of modern times
hath usually interposed^ and 1 trus^t that Ih^
necessities of the present hour will not de '
mand, that the law of misprision of trcasoU
should now be carried iniu execution.
Gentlemen, 1 dismiss you with confideii1|
expectation that your judgment will be direct
ed to those conclusions which ma^ clear iivfl
Docent men from all suspicion of guilt, bring
the g_"»Ity to condign punishment, preserve
the lite ot our gracioas sovereign, serure the
stability of our government, ana maintain the
public peace, in'which comprehensive term is
inchided the welfare and happiness of the£
people under the protection of the laws and
liberties of tiie kingdom. ♦
- - - — I ■ - . ^-.
* Immediately after the publication of thiM
charge, appeared a short examinaiiun of th^
doctrines maintained in it, under the title of
" Cursory Strictures on the Charge delivered
by lord chief justice Eyre to the Grand
Jur>% October 3, J 79 1 " fins tr.ict, although
now somewhat scarce, drew much ittentiun,
and excited much interest at the time ; I have
sufficient authority for stating thai it whs com-
posed by the late iMr, Fclis Vau^han, who if
will be observed was api>ointetf counsel fofj
one of the persoas arraigned, and wlvo acie ^
as assistant counsel on Uiis and the following
trial
It is as follows I
CuASORT StHICTURES, &C.
A snecial commission was opened on th
sccona day of October, for the tri^il of tcrtau^J
persons appreliended upon suspicion of high"
treason^ the greater part of whom were take
into custody in the month of May, 1794^]
Upon this occa*iion a charge was delivered
the ^mnd jury, by sir James Eyre, lord chief
justice of the court of Common Picas.
It is one of the first privileges of an English*
man, one of the firs^t Jtitics of » rational *
iiijl, to dlsvcuss with perfect frcetlom, all pric
ciples proposed to he enforced unou genera
cibscrvance, when those principles ary first
disclosed, and before they have yel, liy any
solemn and final proceeding, been matic pa
of a reg;ular established system. Ihe chief
justice, in hischarge to the jury, has delivered
many new and extraordinary doctrines upon
the subject of treason. These doctrines^ novi
P
^11]
35 GEORO£ in.
Tlie sbcriiT relumed into tlic court tlic
ipaiiel of tlie petit jurors.
Oh Monday, October the sixtli, the grand
jury felurnetf a true till against Thomas
i^hen Ihoy have been for the lirsl time stated,
it is fit we should examine. In that exaroi-
nation, I shall deliver my opinions in a man-
per perfectly frank and cxphcit. No man
should seek to offend high a:uthorriies and
elevated magistracy ; but ihc object before us
IS of an importance paraniount to thet>c con-
siderations. Decorum is an excellent thing ;
;We ought not to sacrifice to the fastidious
toenls Of decorum, all that is most firm
Curity, Or most estimable in social insli-
The chief justice has pronused a pulvlication
of his charge, and 1 should have been glad to
liavc wailed for the oppurtiinily of an authen-
tic copy, Bui there arc only a few days remain-
ing previous to the commencement of trials,
of "the highest expectation, and most unlimited
importance. He who thinks, as 1 think, that
the best principles of civil government, and
I Atl tliai our ancestors roost affection ale ly
loved, arc strtick at in the most Hagranl marT-
tier in this charge, will feel that there is not
an hour to be lost. While I animadvert
upon its enormities, it is with some pleasure
that I shall reflect upon the possibility of the
©nonuilies being aggnivated or created by the
imperfect and irregular form of the publica-
tion before me. Every fricod of his country
will participate the highest satisfaction, til
finding them answered, oy a regular publico-
lion o* the charge to the grand jury, stripped
of the illegal and destructive docUines thai
now appear to pollute it.
Among the various branches of the English
constitution that have for centuries been a
topic of unbounded praise, there is none, that
has been more, or more deservedly, applauded,
than tiiut which relates to the law of treason .
" The crime of high treason/^ says chief jus-
tice Kyrc,* ** though the greatest crime against
failii, diilVt and human society, and though
the public is deeply interested in every well-
iouh ' ' 'utiou of this kind, has yet, at
the I , been the object of consider-
able jr. n : -r>pect of the prosecutions
in^liluttr 1 ; they are stale prosecu-
tions/' I; ; ...... lore of the utmost conse-
quence, that the crime of hidi treason should
be clearly defined, and the exquisite jea-
lousy allaye<h which must otherwise arise in
every benevolent mind. This has been done
• *• lie add% • it is noi to be d
— liViU any on** veniure to say, Ihm
ofli ' ' luble, if lUcy cuuUl,
in 1 1 I value to the Aubieti ;
Trthi of fhomt Jffardi/ [StS
Itardy, John Ilorrte Tooke, .TohA Aifgustui!
Bonoey, Stewart Ryd, Jeremiah Joyce, Th6-
mas ^^ urdle, Thom'a^^ llolcrotX John Kichlcr.
Matthew Moore, John Thelwalh Richard
Hodgson, and Julin Baxter, for high treason.
by the act S5 Kdivard 3rd, one of th^ great
fialladinms of the English conslitation. Thi*
Liw has been sanctioned by the * ol'
more than four centuries ; and, i iasr
been repeatedly attacked by tlit tiintMrh-
ments of tyrannical princes, and the dcci.<iu«s
of profligate judges, Englishmen have always
found Unnecessary in the sequel to btrip it of
mischievous appendages and arlitii iitl izlosses
and restore it to its original simpf i u^
trc. By this law all treason, e\( _ jfa
few articles of little general concern, is con-
fined to the * lc>'ying war against the king
within the realm, and the compassing or
imagining the death of the king.* Nay, the
wise framers of the law were not contented to
stop here ; they not only shut out the mis*
chief of arbitniry and constructive treason for
themselves, but' Inserted a particular clanse,
povjding that * if in any future i^"-^ '» f"''::ht
DC necessary to declare any new \ .at
should only !je done by a direct ^u , .i..^ of
parliament for that special purpose.*'
It is obvious upon the face of this wise and
moderate law, that it made it ciitremcly diffi-
cult for a bad kin|^, or an unprincipled admi-
iiistMtion, to gratify their res^t mst
a pertinacious oppooeni by insiii .lujii
him a charge ot treason. Such kings and
ministers would not fail to complain, that the
law of Edward Jrd shut up the crime wilhia
loo narrow bounds ; thai a subtle adversary
of the public peace would easily evade these
gross and palpable de^nitions; and that
crimes of the highest magnitude, and most
dangerous tendency, might be committed,
which could never be brought under these
dry, short, and inflexible classes. It is not to
be denied, that some mischief might arise
from so careful, lenient, and unbloo'dy a pro-
vision. No doubt oftences might fjc oon-
ceived, not less dangerous to the public wel-
fare, than tlioso described in the act ond«»r
cu ij. But our ancestors
1 1 to this inconvenience, ?r
it II V ijij im ans such n- ^ - - ' * ' vje.
They experienced a , Si
proud atul hi '- i --^ - * '-
J'tal4a<% wl,
mischief of e .., .i.
sionatly be employed
crinihiib. IfwcViti
poliry, lei us hew
n HTortil vrnOtn i: , mI
', icc hu:^ ( ' ■
ut .i.iiig Ktl: " ' ' '
siiit^ anditii
c donotMibslJintCei
iXUiUiUj.jlUU
SJ5J
Jw High T>'foson.
A. D. I7M.
[611
J*>bn Lavctt
On Tuesd^, October the sieventh, Tbomas
• tksl ibey who aim dLrectly at the lile of the
}ri»i» arr nnt tKr ortlv otriiuQS^ who O^y be
n his dcuth. The
fri I'll in I he MLitnrf'
0( '
f-t , _ .' _ , , -,
afi4 iiAi^guuij^ iiii^ ilc»ilh uJ Uic kiu^; ani
tbt f*i'^*«te^ whicli itre takeiJ^wiU be at gute
fi -anti overt acts of
lie put un(i<;r this
^^itjr and sir Matthew
' liifre have been ad-
c* VL " t; ,ur, viz*] of a
t to iajprUon
to gel iu- , u.>,.jii ..itu iiiL power of the
ilors, and to procure an invasion of
ioui/^ H* furtlu r states, ** that oc-
^tkftve nii iut too frequently
^ lit orcf t at I ; species of trerisoii
seder c jn, in conseauence of which
vtaie f' ^ with judicial QpinioDs upun
■10^ of iik^Uh We are also furnished with
'^' T» dmwn from thcbe sources, of text
i^^utne of the wisest and inost cphghtr
i t/f tht'ir lime, whose integrity has
A as the most promioent
lof |h' Ml', and whose doctrines
IbrtJi 1 marks, by which pos^
fill I to trace with con&idcr-
icert ■ ' * ' niary line between hieh
fa lower order and ife-
le circumstance/* con-
,** that we are thus us-
ijoceive that it must he
pliiced in the responsi-
yon now stand; and
I lion and comfort
u' responsibility of
U the i<iw IS, in cases Iq which
ad the individual are so deeply
preamble of the chief justice,
' nething extremely hu-
I trace in it the lan-
' tiwyer, a sound lo-
ereel, and honest
I'W by just decrees
V as^ it is, and de-
Lif-Liinst new, un-
ijnstnictions.
il his neck to
ly admiiiistralion ;
I able principles of
1 tu iry by them, and
ri^ thjit are brought be-
> himself, and
y cODbolation
tw, and force
V are to con-
.u lilt *t;alr|i, and the
n ivUo have been the
1
la atl Ihiti
Ikn it u£;t
|^a[|t of n. •
leii huu
Holcroft voluntarily surrendesred himself ia
court, and was conunittcd to Newgale,
At the request of the several prisoners the
-- - „ ___ ^
Meanwhile what wotdd be said by our coi\* 1
temporaries and by our posterity, if ttib picture 1
wore to be reversed; if tiic^e pivmise^ were *
ij^iiie, only to render our diMi'iiuijUiULntl
bitter; iftlie^ehiwh pru i
■ ly as an introduction to :l ^ ,
iiiii^s of arbitrary con s true Uo us, vf iicw-litapj
gled treasons, and doctriues equally inconsl9*> j
tent with history aud iheniselvcs : I hope f
these appearances will not be found i^,
the authentic charge. But whoever be thp i
unprincipled impostor, that thus audaciously !
saps the vitals of human hberty and human '
happiness, be he printer, or be he jud^^e, it is *
the duty of every friend to mankind to deled j
aud expose his sophistries.
Chief Justice Eyre, after having stated thp i
treasons which are most strictly wuhin the I
act of lid ward 3rd, as well as those which are <
sanctioned by high law authorities, and upon J
which there have been adjudged cases, pro-
ceeds to reason in the following manner :
" If a conspiracy to depose or imprison the
king, to gel his person into the power ot the j
conspirators, or procure an invasion of the]
kingdom, involves in it the compassing and
iroagming his death, and if steps taken iaj
prosecution of such a conspiracy, are rightlyi
deemed overt acts of the treason of corapas**!
sing the kind's death, what ought to he oi^ J
judgment, if it should appear that it liad eu-
\cred into the heart of any man» who is a sub- '
jectofthis country, to desi;;u to overthrow ihpj
whole government of the country, to pulll
down aud to subvert from its very foundatiousi
the British monarchy, that glorious fabric, J
which it has been the work ol'agcs lo er^ct^T
maintain, and support; which has beence-j
mentcd with the Lest blood of our ancestors;!
to design such a horrible ruin and devasfcatioOyfl
which no king could survive."
Here we are presented with a queslio^']
which is no doubt of the utmost magnitude j
and importance. Is the proceeding thusde-J
scribed mailer of high treason, or is it not? j
It confessedly does not come within the letter i
of 25 Edward 3rd. It does not come withia 1
the remoter instances " upon which theris J
have been adjudged «!ases/' Chief Justice I
Eyre has already enumerated these, aud, h^ I
ving finished that part of hii subject, gone o|l '
lo something confessedly different.
Arc we reasoning respecting law, or re-
specting a state of society, which, having no J
tixed rules of law, is obliged to con!^u!t the]
dictates of its own discretion? Plainly the ,
forniLT. It follows, therefore, that the aggra^ ]
vations collected by the chief justice, are tc>«J
tally foreign lo the question he had to con-1
sider. Let it be granted, that tlie crime, ml
the eye of reason and discrrtion, is the motill
enonuous, that It cua enter mlQ the heaEl <
^15]
55 GEORGE UL
Trial of Thomai Hardif
[216
fa) lowing gentlcnicn were assigned by tlie
Court as their counsel -, — for,
Thomas Uatdy^^Mr* Erskine, Mr. Gibba.
John Home Tooke, — Mr. Erskinc, Mr.
Gibbs,
inan to conceive, still I shalJ have a riglit to
ask l3 it a crime against law P Show me the
sUtiJtc that describes it; refer nie to the pre-
cedent by which it is definccl ■ quote me li»c
adjudged case in which a matter of such iia«
paralleled magnitude is selUed.
Let us know the ground upon which we
stand. Are w*e to unders^lana that, under
chief justice Eyre, and the other judges of the
special f ommission, rea**onii>^* are to be ad-
duced frora the axioms and cfictums of moral-
ists and metaphysicians, and Ihat men are to
be convicted, sentenced, and executed, upon
these? Are we to understand that hence-
ibrtti the man most deeply read in the laws
of his country, ana n.ost assiduously conform-
ing his actions to ihem, shall be liable to be
arrai<*ned and capitally puni<^hed for a crime
that no law describes, that no ureccdent or
"adjudged case ascertjiins, at tlie arbitrary
pleasure of the administration for the time
Deing? Such a tniserabie miscellany of law
and metaphysical nr.ixin*s, would ha ten thou-
sand times worbf, tiian if wc had no law to
direct *>ur actunis, The law in that case
would be a mere trap to delude us to our ruin
creating a fancied security, an apparent clear-
ness and detinitiou» the belter to cover the
concealed pitfalls with which we arc on every
'side surrounded.
1 he chief justice is by no means unaware
ef the tremendous consequences that would
result from such an admini*^tration of criminal
law, lie speaks respecting it, when the sub-
ject is first stitrted, with great temperance
and rautiwi. Ue says, "That Ihe crime of
conspiring lo overthrow tlie monarchy, is
such an one, as no lawgiver in this country
han ever ventured to contemplate in its whole
extent* If any man of plain sense, hut not
conversant with subjects of this nature, should
feel himself disposed to ask, whether a con-
spiracy of this extraordinary nature is to be
reached by the statute of treasons^ whether it
is a specific treason to compass and imagine
the death of the king, and not a spccihc trea-
fon lo conspire to subvert the monarchy it-
self? I answer, that the statvtte of Edward Urd,
by which we are bound, has not declared
this, which undoubtedly in all just theory of
treason is the greatest of all treasons, to be a
cific high treason, 1 said, no lawgiver had
ventured to contemplate it in its whole
IBxleot/*
The language here employed is no doubt
manly and decisive. From hence it follows,
with the most irrcfiistildc evidence, that that
'• w^ '" ' ' tr by which we are bound,
lia^ * be treason,'* Itiat ** which
no 1..W.U.'-; "— i-vcr ventured to contcin^
John Augustus Bonney, — Mr, Erskine,
Mr Gibbs.
Stewart Kyd,— Mr. Erskinc, Mr. Gibbs.
Jeremiah Joyce, — Mr. Erskine, Mr. Felix
Vaughan.
till all law is ^annihilated, and all maxims
of jurisprtidence trampled under foot and
despised.
No author has reasoned with f^rr-itr r :\rr\i''
racyi and in a more satisfactory i on
this important branch of the Eui; I i au-
lion than the celebrated David Hume, in his
History of England. Ihis author is well
known lo have been sutliciently favourable to
the prerogative, yet his reasonings upon this
subject, in the case of lord Strafforde, arc as
mmutcly applicable to the case before us, as
if he had written them with the proceedings
of the special commission of October, 1794,
lying before him upon his table,
" Of all species uf guilt, the law of England
has, with the most scrupulous CKactnc«.s, de.-
fined that of treason; because on that side it
was found most necessary to urotcct the sub-
ject a^am si the violence of the king and of
his ministers. In the famous statute of Ed-
ward 3rd, all the kinds of trcitsonn arc enume-
rated ; and every other cnine, beside such as
are there expressly meniii>ncd, is carefully
excluded from that Hjtpellarion. But witn
regard to this guilt An endeuvour ta nuhrert
the fundtiutcntut fnwx^ the statute of trrasun is
totally silent ; and arbilrarily lo inir.^lnce it
into the fatal catalogue, is itself a subversion
of all law; and, under colour of defendiag li-
berty, reverses a ?.latute the bei»t calculated
for the security of liberty, that was ever enact-
ed by an English parliament,*' Vol. vi, chap,
liv, p. 403.
The fullowingare a few seulences from the
defence of lord Strafforde, as quoted by Mr.
Hume, a nt^blenvan, whom the republicans of
that time so vehemently hated, and were so
fixed to destroy, as to render them little scru-
pulous of overstepping tlie simple and uu^
tending provisions of the law,
*♦ Wlicre has this species of guilt lain so
lone concealed? Where has this fire been
so long litiried, during so many centuries,
that no smukc should appear till \x burst out
at once to consume me and my children f
Better it were to live under no law at ail, and,
by the maxims* of cautious prudence, to con-
form ourselves the best wc can to the arbi-^
irarj' wdl of a master, than fancy we have a
Jaw on which we can rely, and find at 1«M,
that this law shall lufiata punishment prece-
dent to the pronuilguliun, and try us by max-
ims unheaKi oriiirthr very mitnient nf the
prosecution. VV iiere is tiic mark hcX upon
this crime? Where Itic token hy whicn I
should discover it? Ic has lain roncealed|
and no human pn' :'^:m innocence,
could wive nic ' rue lion wiUl
which I am at prc-^in im. ,^i. unl.**
** it is now liiU two butidn:d aod foit^
sm
Jbr High Treason*
A. D. 1794.
[220
Thoraannolcroft^ — Mr» Erskine, Mr. Gibbs.
John Ricbtcr»— Mr. Er^kine, Mr. Gilibs.
Johti Ihclwall, — Mr. Ersskine, Mr. Gibbs.
jobn Baxter, — Mr. Erskine, Mr, Gurney.
I *incc treasons were deBncd, Let iis be
-viih what our fathers left us ; let not
ion carry us to be more learned than
l..,.r ^-vi*', in these killing and destructive
i 1 To ail my afflictions add not this, my
Ihc most severe of any, that I, lor my
r Mns, not for my treasons, be the n^eans
_Jrod\>cin^ a precedent so pernicious to
! laws and liberties of my native country V*
6,
Chief Justice EjTe*s daarge consists of three
~~"\ The first tivc pages contain principaUy
pjid and constitutional ex positron ot the
* treason, as exlsibiled in the hooks. In
we are presented with
' 1 ni^ this new treasort
, HI MJi»vert the monarchy;*'
f justice, as has already appear-
1 hic Kpeculation, with expres*
rurnulatcd evidence, and
J J terms, thkit this new ima-
I £ ison IS no treason by the laws of
il
kictv, as the chief justice observes, the
KniTC might have concluded. Here, if a
yf -iinl had been paid to the essential
I I of criminal justice, it would have
; if not in reality a little sooner.
'i nder of the charge is made up of hy-
Dili I'liption^prejudiaition^ and con<
ctii is scarcely a single line that
tOiri 'iiiwuufTiJ with such phrases. as" public
otoneiy," "things likely," "purposes im-
Dtn^'* *' measures supposed/* and ^* imagin*
.*' Liliiin reason of all this is, that the
[c e suspected, that the treason de-
iIjC' statute 25 Edward 3rd, and
I precedent, or deduciblc
.even with the addition
rtbc 4.lii new constructive treason,
ded, - sscs, upon no law, prece-
J Or cuj^e, and which therefore is in reality
rlr»SK»nt did not aiford sufficient ground of
ttit.i t the prisoners, lie is
rfcire • leave trie plain road^ and
»eJ otit urd. No Taw, no deduc^
, Of c< 1 of iaw» that could he for-
lordrj."., ,.„, ._,i a mere view of the sta-
wtKild titiswer the purposes of the spe-
l€<»liaQitsa(on. fie is therefore obliged to
' 'gt himself in conjecture, as to what the
tW33 rT?3v h:ivr ftone, and what are
" ih€ f^cf- rd before the jury."
Tuo Hm-t wre included in this
I J I St, the chief justice
pi; hifni»elf unable, by direct
^ wlmt U is we
1 to the neccs-
' oi TL'i'.:jjj;] ' *' - ~'"nend
i tj aclMiti ce of
1^'
Thomas Wardle, Mattliew Moore, and
Richard Hodgson, were not in custody.
On Monday, October the thirteeoth, Mr.
ready performed to the question, whether or
no they shall full under such or such provi*
fiions of law. Secondly, by this perverted
mode of proceeding, he completely prejudges
the case of the prisoners. He does not pro-
ceed, as a judge ought to proceed^ by explain-
ing the law, and leaving the grand jur}' to fiTc
its application upon individuals; but leads
them to the selection of the individuals them-
selves, and centres in his own person the pro*
vinces of jt»dge and accuser. It may he
doubted whether, in the whole records of the
legal proceedings of England, another in-
stance is to be Jound, of such wild conjecture,
such premature jiresumplion, imaginrttions so
licentious, and urcams so full of sanguinary
and tremendous prophecy.
The conjectures of the chief justice respect-
ing the probable guilt of the accused fall un-
der two heads. First, " associations, the pro-
fessed purpose of which has been a change in
the constitution of the Commons House of
Parliament, and the obtaining of Annual par-
liaments/' Secondly, " the project of a con-
vention to be assembled under the advice and
direction of some of these associations."
The treasons which the chief justice ima-
gines himself capable of fixing upon some of
these associations for a parliamentary reform,
are of two kinds.
Before we enter upon these, let us pause a
moment, and consider the unexplored countnr
before us. Every paragraph now presents us
with a new treason, real or miaginarjv pre-
tendedly direct, or avowedly constructive.
Division and subdivision rise upon us, and al-
most every one is concluded with the awful
denunciation of treason. I'he chief jtistifc
is no longer contented with the plain treasons
of 36 Edward 3rd, or the remoter treasons of
Foster and H*ilc. His whole discourse hangs
by one slender thread. He perpetually refers
to the new and portentous treason of his own
mere creation, ** a conspiracy to subvert the
** monarchy ;*' a treason, which he ingenu-
ously avow's " no lawgiver in this country has
ever ventured to contemplate,'* and *Hhe
statute of Edward 3rd, by which we are bound*
has not declared;* Upon this self-constitutexl
treason he hangs his other conjectures and
novelties as weil us he is able, b) the help of
forced constnictions, of ambiguoun and Uu-
ceitful words, and all the drlu^iont of a prac.
Used sophistcr. Was it necessary for the de-
struction of twelve private and untitled incn^
to create all this confusion, to prmhire nil ihi»
Riin, to overturn everv thing tbul u vahialilc
in English librrtv; "^ "' '^*' ui for tune rom^
inrt under thn imr ami IncxpUcmtlr
dehpoti-iin that the cr taw f
Let us attend to the opiatcrn of judge !
stoue ui>oti ihii aulu«^ct,
35 GEORGE III-
White, solicitor for the treasury, delivered lo
each of the prisoners a copy of the tDdictmca^
a hst of the jurors impEtnclled hy the ^he^ff,
and a tbt ot the witnesses to h^ produced by
the crown for proving the said inoictment.
** By the ancient common law, there was a
great latilude left in the brea&t of the judges, j
to determine what wiis treason or nut so; '
vr hereby the creatures of tyrannical princes
had opportunity to create abuodiince of con-
structive treasons : that ia, to raise, by forced
and arbitrary constructions ofi'ences into the
crime and puni!>»hment of treason, which never
were siL«ipected to be such. To prevent lhet»e
inconveniences, tlie Matute 25 Edward 3rd,
chap. 9, wa% made. [B<^k iv, chap. 6, p. 75]
—This is a great security to the public, and
leaves a weighty m4menio to judges to be care-
ful, aud not overha^ty in, letting in treasons
by construction or interpretation^ especially
in new ra^os that have not been resolved and
settled. ^ — The legislature was extremely libe-
ral in decbriuie; new treasons in the unfortu-
nate reii^n of kuig Richard the second ; but|,
in the first year of his successor's reign, an
act " was passed^ which at once swept awuy
this whole load of extravagant treasons. An
terwards, particularly in the bloody reign of
Henry 8th, the spirit of inventing new and
strange treasons was revived ; alt which new-
fangled crimes were totally abrogated by the
statute 1 Alary, chap* 1 ; since which lime the
legislatnre lias become more cautious upon
this subject.** [P. 85, 86.]
The hrst mode in which, according lo chief
Jul r . an association for parliamentary
rt" incur the penalties of hi^h trca-
»Gij, 13 *>iua ** other purposes, besides tho.<ke
of parliamentary reform, and of the most trai-
torous nature, are hidden under this veil"
The purposes he may be supposed to mean,
are tliose of his new-fangled treason, of" con*
spiring to subvert the monarchy." ThuSi
in the first piace^ we have an innocent purpojws
constituting the professed object of this sup-
posed as.sociation ; and behind that the grand
jury arc to discover, if they can, a secret pur-
pose, totally unlike that which the associators
profess; and this pun^ose chief justice Eyre
clerlares to be treason, contrary, as he avow-
edly ronlesscs, to all law, precedent, a^d ad-
judif-Ucd cases.
The second mode, in which the chief justice
15 wilUng to pre- suppose hii;h treason in an
%S^oriatton tor parliamentary irr.Min i^ by
ii an association, not in itt <• as
I says, '* simply unlawful, too t m . ^i De-
rating, and becoming unlawful in the highest
degree.'*
It isdifficuU to con
with the gravity, that
giM rate, delivering bis
of iu»lictf. ** An assot i
refcrmmav rf
in the hi^hr
cstcnt of itic '.
n this article
line to a ma-
On Friday, October the 34lb, Thomas
Hardy, Joiio Home Tooke, John Augustus
Bo nney, Stewart Kyd, Jeremiah Joyce, John
Richtcr and John Thelwall, were removed
by habeas corpus from the Tower to New-
gate.
knows not that? Was it necessary tba
chief justice Eyre should come in "^^
Iconity to announce to us so irr> 4
proposition? An association for j..... ..*,>.ii-
tary reform may desert its object, and be
guilty of high Ireasoa True : so may a card
club, a bench of ^us^tices, or even a cabinet
council. Does chief justice Eyre mean to in^
sinuate, that there is something in the
pose of a parliamentary reform, so uohal
ed, ambiguous, and unjust, as to render
well-wishers objects of suspicion, rather tf
their brethren and fellow subjects ? Wh
can be more wanton, cruel, and inhumai
than thus gratuitously to single out the pur*
pose of parliamentary reform, as if it were, g|[
all others, most especially connected with de-
generacy and treason ?
But what is principally worthy of observe*
tion in both these cases, is, the easy and artf "
manner in which the idea of treason is
troduced mto them. First, there is a **co
cealed purpose,*' or an insensible ** degeni
racy,*' supposed to take place in these
ciations. >Jext, tliat ^^ concealed purpose
or insensible ** dcjgeneracy," h suppoHcd
tend directly to this enii, the ** subversion
the tnonarcliy:" Lastly, a ** conspiracy .
subvert the monarchy/' is a treason, firi
discovered by chief justice Eyre in 1794, nev
contemplated by any lawgiver, or included i
any statute. Deny the chief juslii -le^
of his three assumptions, and his
duction falls to the ground. ChaiU.>^.. »at.),
or any man hving, to prove any of them ; ant)
you require of him an impossibility. And It
IS by this sort of logic, which would be scout-
ed in the rawest graduate m either of our uni-
versities, tliat Knglishuien arc to be brt^uglil
under the penalties of treason !
Of the^e assumptions, the most flngra
perhaps, if in reahty there can be any grad
tion in such groundless assertions, is tb:
which imputes to the associations a *' coj
spiracy to subvert the *' n»onarchy." T]
chief justice knows, for no man is 'tj^noia
that there is not the shiidow of evidence
such a conspiracy* If anv man in Englai
wishes th'' ^")iv-rtigii of the monarchy-
there am ind that dues not feci, lii
suchiub\' rectedatallyCanohlvbi't'
fected by an msensible revolution <
Did these associdtJon^ phm the tnur
king, and the <>n of the iu>«tl f«
Iv? Wher^ :i oh of it? But
,a piii^rc tiii'in probubi
■li.-nir-- nf 1 u-,iLin H^d
UH'L \H 41
it]
51* utitsgri, VV tiu I ^jcuU every ijiau to luc ^^uiowa wiuioui tJt;^
Jbr High Trtasm*
Stmnu UmU4 in the Old Baitty, Saturday Oc-
l*re»iil,— Lo«l chief jtislice E/re; lord
chief Iwron Macdonsild ; Mr. baron Hotham ;
' appcHations shall
[ e, or bis niajesly's scr-
:c of high treason to ad-
)('c il. The purpose of
I , as the rhicf justice con-
.., being treasonable, is not
nl," If the persons now in
■ - , 1 1, e been 2;uHly of high treason,
flat IS the pomt to which uur allenlion is to
be f::i1!e<J Thrlr treason is neither greater
n '^*S ^Tigaged in a mwful
M ^ ftr a pariiamentary re-
fi 1 ua uhu^i'lhcy have done that is
i: uJ do not seek to excite eictrajudi-
aaJ ^♦rguaiccs against them for what is iono-
Having fl Mhe immediate purpose of
t jnrbamf n m, the chief justice goes
Mk io the is-.M j^»jj.tL to consider "the project
•fa convention, to be assembled under the ad-
fke and direction of some of these as&ocia-
A. D. 1794.
^RC
And htTv h was impossible not to recollect,
t' - and meetings of delegates
i us foreign to the English his-
loiy ; iaiiS llmi twelve or fourteen years ago,
Btov of his majesty's present ministers were
d«plT enpged in a project of this nature.
Accoriifii^ry, the chief justice lakes a very me-
IBMlt't ' Hon. He calls it ** a project,
^Mffl^i imcjj would have been hardly
thlM^bi v»^ ' r irration, butp in
ib»e,oaTi! een attempted
til ifi t \ L •- M I ( u 1 1 III ,1 L 1 1 - i itnl part or th e
Idn^dom, and with the example of a
tinng country before our eyes, is de-
become an object of jealousy to the
icmdly
f^frc arc j
Ixhrmn! 3rd,
tie «nfi1c\
**^baU tarr
^th^
- one of the most
1 nciples of executive
1(1 of or imagined.
Tit measures of jus-
^ by the act i?5
iJing fitting to
says the act,
judgment of
I and de-
rliameot,
ir Fn'j-<,t ifriuon or
liameutj thf lp;^islative
iii .V n» ike new provi-
II 10 cjreum-
\\(' L-Miriiunders
Ives
jons
. or
the
Sttt-
Lhcr,
Mr. justice Duller; Mr. justice Grose ; and
others of his majesty's justices, &€♦
Thomas Hardy, John Home Tooke, Job
Augustus Bonney, Stewart Kyd, Jeremia
they are to find to day. An interpretation,
shifting with every gale of accident, may pro-
duce undefinable terrors in its niisemble vic-
tims, may devote its authors to eternal exe-
cration, but can have none of the venerabh
features either of law or justice.
Some of the dreadful consequences in-
volved in this loose and ttucttmling interpre-
tation, ^how themselves in the very ncstl sen*'
tcnce.
" It will be your duty,'* says the chief jus*
tire to the jury, " to examine the evidence
oh this head very carefully, and to sift
it to the bottom t to consider every part of
it in itself, and as it stands connected with
other parts of it ; and to draw the conclusion
of fact, as to the existence, the nature and ob-
ject of this proposed convention, from the
whole.
" In the course of the evidence you will
probably hear of bodies of men having been
collected together,of violent resolutions voted
at this and other njeetings, of some prepara*
lion of offensive weapons, and of the adoptiofi
of the language and manners of those con-
ventions fn France, which have possessed
themselves of the government of that country.
I dwell not on these particulars, because I
consider them not as substantive treasons^
but as circumstances of evidence, tending to
ascertain the true nature of the object which
these persons had in \'iew.'*
Here we have *.et before us, in the most
unblushing and undisguised manner, that
principle of coiislructive treason, which has
upon all occasions formed an object of exe-
cration in English history. Let us hear what
Flume says upon the stibject in the farther
progress uf that very passage which has been
already quoted,
•* As tins species of treason, discovered by
the Commons, * in the case of lord Strafford e,'
is entirely new and unknown to the laws ; so
is the species of proof by which they pretend
to 6s that guilt upon the prisoner. They
have invent^ a kind of accumulative or con-
structive evidence, by which many actions,
either totally innocent in themselves, or cri-
mmal in a much inferior degree, shall, when
united amount to treason, and subject the
person to the highest pcnaUJes intlictcd by
the law. A haily and iMifMinnlpd word, u
rash and passionate ai i Sod by the
malevolent fancy of the ^nd tortuicd
by doubtful constructions, is transmuted into
tfiE deepest guilt, and the Uves and fortunes
of the whole nation, no longer protected by
jiistifc, are subjected to arbiti-ary will and
plcttsure" [p. 40:t.].
II is not easy to conceive of two passnge^
more parallel to each gtlwr, than the dw
223]
35 GEORGE III.
Trial ofTlifmas Hardg
[224
Joyce» Thomas Holcroft, John Richter, John
Thelwall, and Juhn Baitler, were arraigned
tupon the followitig indictment, and severally
Lf leaded Not Guilty.
* here delivered by chief justice Eyre, and the
condemtiation pronounced u^n them by
v^ay q\' anticipation by the illustrious liume.
f'Thus, ** a hasty and unguarded word," —
' Adoption of the language of the convention
in Fmuce,'' — ** A rash and passionate action/'
I — « Violent resolutions voted at tliis and other
meetings — some preparation of offensive
\i'eapon.s," — '* Actions either totally innocent
in themselves, or iriroinal in a much mferior
degree"—** I consider not these particulars
I as substantive treasons*^*
Can any thing be more atrocion?, than the
: undertaking to measure the guilt of an indi-
I vldnal, and the interpretation of a pUin and
permanent law, by the tran&ilory example
that may happen to exist ** before "our eyes in
^ a neighbouring country ?"
The chief justice bpf^aks of two sorts of
J convention. The first, " a convention, in
I inntatiun of those which we have heard of in
jyrunct', in order to usurp the government of
[tlic country.'^
There lurks a memorable ambiguity under
^us word convention. A cunvcntiou was
I no long lime ago, of delegates from the
II burghs in Scotland, to consider of a
reromialion in the administnition of those
[Ijurghs. Of this convention, the present lord
Jsdvocate of Scotland, among others, was a
llitember. A convention was proposed in
il7U0, of dele^tes from ttie diflVreut county
I ineetings held at that period. Both these
l^conventions were consitlerably more furmi-
idable in their slruclurc tlian that which is the
taubjcct of present animadversion. The royal
jburghs, and the meetings of freeholders in
tlbe sever*il counties^ consist of bodies more
[©r less recognized by tlie constitution, and
x>S9essing a degree of inherent authority.
The convention proposed in the present in-
[stance, was simply of delegates from the dif-
ferent societies, vohmlariiy associated tor the
jrpose of parliumenlary reform. They could
05se&« no inherent a'nihority* The per-
ons who constituted them, must have been
^ctuated by the mo^t perfect insanity, before
they could have dreametl of uBurpiiM^ tlie
ovcrnmcnt of the couritr}'. No delu.Hon,
herefore, can be more gross, than an attempt
rfe ityle* us chief justice Eyre styles, such a
convention ** a convention of the people/*
In describing his first sort of convention,
^cdiief Justice roundly affirms, *' that the
project of svirh a convention, and any one
step taken towards bringing it about, such
as, for instance, consvdtalions, fonniug com-
-nittces to consider of the mean^» or acting in
^ bosc commilteei^j would U- « case of no dif-
Istulty ^ it would be ll ison;
it would be compa^ the
king*f death; vxi tiot umy ms attain, but the
INDICTMEIIT,
MlddlueXj {BE it remembered that at a
to wit. J special se^Mon of Oyer and
death and destruction of all order, religion^
and laws, of all property^ and security for tlic
lives and liberties of the king's subjects.''
There i^ a figure m speech, yf the highest use
to a designing and treacherous orator, whict^
has not ;jet perhaps received a name in the la-
bours ot Aristutle, Quint illian, or Tarnaby.
I would call this figure encroachment. It is
a proceeding, by which an affirmation is rai»-
deslly insinuated at first, accompanied with
considerable doubt and qualification ; repeated
atlcrwards, unaccompanied with the^e quail*
fications ; and at last asserted in the most
peremptory and arrogant lenns It is thus
that chief justice Kyre expresses himself re-
specting a ** conspiracy to overturn the mo-
narchy." It is first a trea-son, " not declared
by the statute 25 Edward 3rd ;" a ireasoi^
** Nvhich nu lawgiver in this country- has ever
ventured to contemplate;'* a treason, *' not
I restmg for its authority upon any law, pro-
I cedent^ or adjudged case." It is not this
thing, nor it is not that ; " the *etJUw rcf ni
spoken of by some of our ancient writers, bul
I which is no part of our law, seems to come the
I nciirest to it,'* but will not apply, ** the par-
ticular nature of the traitorous attempt, will
fall within one or other of the specinc irea*
I sons of the statute of Edward iJrd." A strange
\ crime, wijit h the judge knows is provided
■ against by tlje first or the second principal
I clause, but is unable to determine w nether it
I is by the former or the latter! Afterwards
I the chief justice speaks of it with less hesi-
I tat ion ; and at las t^ as we have seen, aiErms
it to be *^ a case of no difficully,and the clearest
I hid^ trcasitu.'^
Can any play upon words be more oon-
templiblc, than that by which the chief jus-
tice, finding the king's death the subject of
one of the clauses, and determined to trace
at least some remote analog>' between that
and the subversion of the monarchy, describes
the latter by the appellation of *' tlte death
and destruction of all ordcr,religion,^'c.^c, T*
The second sort of convention in chief ius-
1
ticc Eyre's arniugement/isaconvent
not intending to usurp the coven i-
country, ** has for its sole object t
a change in the mode of repri
llsc people in parliament, and tl^. i ...jt^
that p^liamcnts should lie held aimually*
And here/* says the chief justice, ** there is
room to distinguish. Such a project of CQIlf
vention, taking it to be crimiiiHl,"—
"Taking it to be criminal!" Was crer
postulate, more cjttraordinarj', or more iotoU
erable? Did ever judge, - the
bench, previously to ttus iu^t :io
whole question ; ii!' ' h*
out the ¥ihadow ct ur
uuncupatory; Stfttulc or rL'^>orij Inc wuuit; vlU
fihe conn
county on 1
ID ll
ver
^/Ir Wi^A Treusan*
T of and
4t the
in the
,ii day of
liUh jfcar ot the reign
'• eorge the Third by the
A. D< lT9i.
[92G
ninsJity ; and then proceed at his leisure to
liilfiiwte the issumed cnmitiality into all its
tffefcot degrees? Meanwliite, alter this toud
I p^ff,»,.,vir,»'X' «r,-.,r»i.|e, the chiefjustice is
nc $ort of convention^
^** -I iiiality/' ** a convention,
insg i object a dutiful amJ peace-
ibla api to parliament by petition^
caoOQt oi ttjich be runkcd among Uiis class of
afatircs/'' tie darc!» not jiti^rm tliat it is to
Ited among any class of offences what-
^_^f,— Bui to proceed to the distinctions he
^dltlttlcfis to enumerate.
thm int sort of '* Convention ^ which has
liritf oljtcc U^>
mkn^f and that
eol.
rj^ a parliiimentary
V, is a convenlioD,
lit the authority of
ijrpose" usurping,
llinctionsof legis-
isticc determines,
^ us in the preeed-
be high treason in
,JUL.
*' woutd
/one of the actors/^
hhtr Ihia bboriousdiscuswon, chief justice
Eyie U DQt yet salistied that he has framed &
CVMlrocUofi^ strong enough to ensnare the
XKmr under confinement. He has
inction upon di^tinclioo. He has
^ ^ at least live or si 35 ditTerent
^f licason, not found in the direct
ia o/^.Edward 3n\ or in the remoter
i '^ "^V'^r - nd Hale; not supported,
c ses, by any law, prece-
,ojr i„^j««g,^^ ^^:>c. But all this he does
ui tliii iBcr# nntanoeto of lii^ power. If any
af Ibe pmmmm now under caiiTmcmevit had
1 accMlnllitg to all the itnumcrations of hh
cases, it muy satt tv t»e atlirraed,
I n a charge of
. .>r beacquiltol*
t ibe cht*- > lU> confesses, that
mg to any one of
i€M** in: Loti of fiction^ hypo-
lhMb> on* i!« brought tbrward
Jor llie »*.'ic i»uri "' r uf convmcing us
•I'lhvilliparallel* > of the lord chief
joitiR - • *^'' ^^ ^ court of Common
Fl«i»i r the imaginations, to
' nation.
I, aj)d if
iiuuld be
m] be tlic
^4i> aiid severe, it
Hon I
. having hitherto
i» nut to the pur-
I ' mrUter in
M^enuity,
ir^^M liJ^ ari% uuu uts^iuy^ iiih uUaoat in*
VOL XXIV,
JjL^t I
btliicfrs
pace of Cod of Great Britain France and Ire-
Jand king defender of the faith and S0 forth
before the right honourable sir James Eyre
knight chief justice of our said brd the king
of ins court of Commun Pleas the right ho*
Qourable sir Archibald Macdonald knight
Irepidity of countenance* This part of the
case ib opened as follows :
"Whether the projectof a conTention^ having
for its object the collecting together a power
which should ot'eravve the legislative body,
but not suspensl il, or enhrelv determine its
functions, if acted upon, will also amount Xq
high treason, and to the specific treason of J
compassing and imagining the ktng*s death^ [
is a more doubtful "question. Thus far is
clear : a force upon the parliament^ must be
immediately directed agwnst the king. It
must reach the king, or it can have no eifecC |
at all. The laws are enacted in parliament '
by the king's majesty, by and with the advice
and consent of the Lords and Commons ia [
parliament assembled. A force meditated <
against the parUainent, therefore, is a force
nieditatcd against the king, and seems to fall I
within the cases de&cribed.*'
Nothing can be more jgross to the view of I
any one who will attentively read this pam* [
^pb» than its total want of all definite andi
inlelhgible meaning. The chief justice talkf ]
of " collecting together a power,*' and of •* *
force^' exercised upon t!ie parliament. What]
IS here intended hy the words power and 1
force? Under ihe kindly ambiguity of these,
words, the chief justice seems very willing to i
slip upon us the idea of an armed power and {
a military force. But this can scarcely by any '
construction be reconciled to the idea of ftj
convention. An army of delegates wasa^l
idea reserved for chief justice Eyre to intro»1
duce into the world. Well then: let us sup* j
pose that arms and violence are not intended;
yet the chief justice says, that tlie project of a
convention has for its ol ject ^' the collecting I
together a power, which should overawe tlia 1
legislative body/' This word is still more]
ambiguous thin any of the rest. What are]
we to understand hy the phrase " to over- 1
awe?" Awe in its true acceptation has always J
been understood to mean defereuce or ro-l
spect. It cannot mean any thing else hcre^I
since, as we have already seen, armed powef ]
and military force arc out of the question, j
i3ut in this sense what is the object of every j
species of convention or pohtical associatioc
whatever ? It is always ij) tended to produce 1
deference and respect. Thua the chieljtistice j
very properly observes, that " a convention,!
having for its sole object a dutiful and peace-.!
able applicalion to parliament/' dees not fait]
to find tlmt application attended with " ro^]
spect and cre<lil» iu propof tion to its uuiverw
fiality/' Indeed there ran be no doubt, thall
there arc but two ways of oper:' a*
men's ci^ndurrt, the one, bv cihihr
tneuts caLsuieiled to prtivail upeu iu^u vv«ck'
Q
2S7J S5 GEORGE IIL Trial of Thomas Hardy [228
chit f liainii of our Mtid lord the king of his I able sir Nash Grose knight one of the justices
rum i of I'.xrhcqutT llio hunonruMc sir Deau- I of our said lord the king asMgned to hold
inont llotliain knij^bt oiicof'tlic barunKofour I pleas before the king himself the honourable
f«aicl lord tlir kiiii' Of his ^aid court of Kxchc- | sir Souldcn Lawrence knight one other of
qiitT the lioiiourublr sir IVaiicis Hiillcr bartiiiet : the justices of our said lord the king assigned
oiUMifilirjnMirrs iifoiir said lord Ihc king of . to hold Picas before the king himselT and
his said ronrt of ( oiunion Picas llic honour- | others their fellows justices and commissioners
incIiu;ilinM>i and coiivinion, tlir other a per- fvcn he hesitates to decide. He dares not
rciviu;; liow murh the ihiuj: nM|uircd accords | aver the proceeding described in it to be tiea-
willi ilir sMisc of nuiiMTous lutdics of men, | son. Well, then; what is the remedy he pro-
iinti luulirs oi men entitled to eminent i redit. i po*;cs? Surely anew act of parliament; the
Suih hem,:; llie Mihstaiue ot the luosl ina- . rrniwly prescribed by the act of Edward Sid,
lerial para<:rii)ili in the chafire to the grand i '' in cases of treason, which may happen ia
jury Jet Us >eeiu xvii.it maniur tluspar;(>;r;iph ! time to come, but which could not then h%
is ViUif liuli d, and what are the inferences ' thought of or declare<l." No such thing,
drawn iVom it. NN hal is the Ireaimenl due | V\^i\ this case, which he does not venture to
to tliis lurce which is no force; thiscollecling I pronounce to be treason, he directs the grand
toi;i'llur a power, unarmed, and entitled to jnry to find the bills to be true bills! He
credit onlv for its univvTsaliiy ? \N hat shall tells them, " that it is tittinp: that this case,"
he done to' the uien \\\\o thus overawe the j w-hich he *' states as new and doubtful, should
K'jjislative hi dv.hy eNciiiiij;: its defeniice and : be put into a jinlicial course of inquiry, that
respect: or. faihnji this, do lu't overawe it at j it mav receive a solemn adjudication, whether
«ll, m isuMich as I hey have no power to in- j it will or will not amount to high treason !''
force I hm demindsr* "Wlulluror no," as ; The chief justice, in this instance, quits
chief justice Kyre sai:;uiously ohM-rves " the ! the character of a criminal judge and a civil
IMoiri I i»f >ui h a coiuention wiil amount to m.inistrate, and assumes that of a natural
tich lie.i>on. is a more iloulittul question." ' philosopher or experimental anatomist. He
He adiU. •• m this ease it iloes not np|«e.ir to is wilhng to dissect the persons that shall be
inr. tliHt I am wairanted hv lix .»uthuuiies. to hr on i^ht "before him, the better to ascertain
Male to you as cic.ir law, that the mere con- the truth or t'd^chood of his preconceiTcd
spir.icv to raise such a torce" Lrecvltect \\\\a\ conjectures. The plain English of his rccom-
li.is been Siiid u,mu llie nature of this torcel, . inciidation is this: •• Let these men be pot
•• and tne enleriui; u»tocoi^suii.iti*.ns ro*ptvi- upon trial for their live*: let them and their
inj; It. will alone, and wiil'o'.ii .ulualK r.ii>in:; friends throujih the remotest strainers of
the f-rce, ei'nsislutc tiio cr'.m-. C'f h ih irtaM Ti. ceiMUxion. be exposed to all the anxieties
>Vli.it tl»e l.iw i* ui tli,*t c.iso. ,ui'i \\\\.\\ \\\\\ incident to somicortiin and fearful a condi-
be the etKMoftl.e o;rc!m»si..!u-e i ♦ the Iv-rre tii :i : !et them be exposed to ignominy, to
bein; i!uis nuVi;:atcd. wiilhc l^t lo Iv s^- oM.r-.:y. to :ho part ialilics, as it may happen,
lemnix considoied a-.u; dtlermiiud wnen the oi a prcjuaicoi judge, and ihe perkcrscness of
case stu!'. .iriM." an liiivr-int jury : wc shall then know how
Here t'-.v* c:iu r" -iisti.-;' sivmK* with .i ^r'^vcr we or.: it to conceive of similar cases. By
devT'ce or" 0 o.*cs:\ an.l p:e\ mliv^'.n so i.-.r .i-i tr.uvp .1.^ ujhmi their peace, throwing away
rc.itc^to :*:•.•.• >!r.';\.^i\i spirit if the per'^ous tin:: ..^I's or sj^irting with their innocence^
u:u?. ' I V : :; v. '.cit : b.il w :'.en l:e h.isoiV >'vn we *:;.::: eht.iin a b isis up\>n which to proceed,
to :.-•:'•;• :;-.;'% ■.=*»•/.:. :u\ ::i r.is uv.ul m.i:ir..7 a:iii a v rev c dent to guide cur j'jdgment in
i!vr. .1^ ,4 \ .r..i:..'M :-.:o tic >t.iltnu:;t. tii:-..ro i;;>t i:k-c>."
" \\ ■'. ^. is r:\Lps {- '\\*:v.2.' s.t\x i.e." 11 l.::s is a scrl of Unr^i^? which it is im-
\ 0; J :• .■ •. >N- v . r-» :- ^ . . . \ . . v i> ; a\ >u ; :; a J e- p ' - - ■ i -c I .> .-cv ol :ev' t v st ta u! horror, and
>-H..*:\: ." :. ,• c .rj.fs ». : i i.- 're.,-..:-! are «:..:*» >ec:n> Wv^rthy or" t;:c '-jviicul minister?
c:.. :; .1. \' n-..» :.:.L :■■ ■ ..ji^^: i;.i:u v.\ :\\ <: I. U" :;*.;> i-r Nero I: ar-i:f<, 1: the speaker
I :.i'. ^ V .■ ". ". ■•. -. ..*■...; k' \.-^ c\:r.i..:.;;- u-.i-iiT-t^^.v! r.is c.*:i n'ifdnir.c. • r if ihe p^per
rv\ :•. •. • , : c 1*..: ^ .: -1- txiirv ..r. : .*• t<: -e :r.t'' : .i- :.i:tr.rv.".y r»: pried :♦, the mon
ll-.e I c ^:, ^ \i:\ »: .-. . . .■ :'*v x..: .:>.:;■•. !- ^:.! .... r ■::•::. vC \: r.uiv.xT. rj:p:::es5 and
;iK,i-^: ■*.^- ■■ ^.i*"-. ^* <^'i -*..;■ :. )^.. : ...-.'^z ..'V. A.cr.'::*- to t:.:* inethod of
.in I-...* . ' '. . -f, ^ .. : K- : -..i ;-:.::- a:*. ".'.w«. : re.f.'tv.ts c.i^<*>. .i!>d reports
\v.\ .. .'. . * :. ■■.•...".::".■ i. A--; «."".,;.■■ '
re,. »; t' ..•/.a,. ...\" ,:.>•:*. i: .: «... ; ..:^ _.> .-
*•: *> . : '. '.. ^.■. :-•- .'- ■•. r".r«*r N*iy .. ■
i: > . .::...:■.■: \c .^ ..r . :^ \: — ,r: .■ ' : ..! -V- . .
aV v—.- :. ; i-". ■."■: •. : iv - ^ ' ::..'■*- >.:i \ .: ^»
r.:v- ' ■ V ... i. ::^ ; :ri: »>: .»i-^-^ ^z: ;.. ■^-. i* ,-
>^v;s ^ : •.:..!- : , -^^. kv*. .-.i •T-icci r.* *c^iA> r.: :iz ;. ;.." u> uiVuXT .i r.f^r r. .i <: chauiULK
c.±NV'.-.: > AS ir<, 4::i pinraaffcrn.y u i**t» Uw. :t he act brt?er «>«fn;ciT to
but «euch lie ali t^ bmr cxriSoKS ci ha ? th&t U« ia tbe two Hcw«s of ""
M«aMCiBittBi^coHtts%i«cr -viKh tfaMto iiArii to be awdc cvt of
i
•'\ .■■■
! '.re ;
: :: :. f
•in;;
n^ a lew
z^.yrii and
sua of a
...1
•.:' r-,
:f r.:
:l cf the
;:::^s:er* •f
r. if tber
229]
far High Treoioiu
A. D- 1794.
[230
of our sud lord the king assigned by letters
patent of our said lord tlie king under his
^cat seal of Great Britain made to them and
others and any three or more of them (of
whom one of them the aforesaid sir James
Eyre air Archibald Macdonald sir Beaumont
llotbam sir Francis Buller sir Nash Grose
stnictions of old statutes, contraiy to all law
and precedent, and contrary to the security
and liberty of the subject.
In Ireland, some time ago, it was thought
proper to bring forward a convention-bill,
declarine such proceedings, as are the subjects
of the "rorced constructions of chief baron
£yre^ to amount to high treason. When the
Habeu Corpus act was suspended in England^
we were given to understand that this pro-
ceeding was thought sufficient for the present,
and that a convention-bill, similar to the
Irish, and other severe measures, were re-
senrcndl to be adopted, as the case might
require. This fallacious show of lenity, now
turns out to be the most unprincipled tyranny.
Mr. Dundas and others talked in the last
session of parliament, of bringing home the
Scottish pnnciples of jurisprudence, if need
were, to England, and renaering associations
and conventions a subject of transportation to
Botany Bay. Tliey have since refined upon
their plan, and carried the law of England,
or what they are pleased to call so, into
Scotland, rendering these offences, real or
imaginary, a subject of the penalties of high
treason. Such have been the incroachmcnts
upon the constitution, by men who have the
audacity to call themselves its champions,
that a man who should have pretended to
ibretel, from six months to six months, the
measures they would think proper to pursue,
would have been laughed at for the improba-
bility and utter absurdity of his talc. Britons
will at length awake, and the effects of reason
and conviction upon them, will not be less j
ibrmidable or Icas unacceptable to their op-
pressors, than the effects that might flow
from a course of violence !
I have hitherto abstained from saying any
thing respecting the personal characters of
the men now under accusation. If their
abilities be as rare, and tlicir merits as high as
their warmest admirers can conceive them, it ,
would »till be forei,:;n to the question I propose
to consider. If they be men, exceptionable
in their character, ambiguous in their designs, ,
and mischievous in their counsels, that also
ought to be put out of the consideration. The .
£ugii>h constitution is strong cnousrh to dis- \
arm all the adversaries of the public peace, '
without its being necessary for that purpose <
to destroy its very essence. Twelve men are i
apparently concerned, but the liherlies and i
happiness of all are ai stake. If these new i
treasons }>e established, we may say, as the ;
pariiameut of llenrv the fourth did, speaking
of the new-fangled treasons under llichard
thesecosid, that <' no man can know how he
and sir Soulden Lawrence our said lord the
king willed should be one) to inquire by the
oatli of good and lawful men of the county of
Middlesex of all high treasons in compassing
or imagining the death of our lord the king
levying war aj'ainst our lord the king in his
realm or in adhering to the enemies of our
ought to behave himself, to do, speak, or say,
for doubt of the pains of treason" [Black-
stone, book i v, chap. 6, p. 86]. The construc-
tions of chief justice Eyre, and the special
conimission, put a perpetual bar to all asso-
ciations, delegations, ard consultings respect-
ing any species of grievance. Will any man
venture to say, tliat we shall never stand in
need of these expedients ; or shall we consent
for all time coming, to hold every possible
reform and amendment at the mere will of
tlie administration? If these principles be
established, utterly subversive as they are of
the principles of the English government,
who will say that we shall sUip here ? Chief
justice Eyre says to day, *• all men may, nay,
all men must, if they possess the faculty of
thinking, reason upon every thin<r, that
sufliciently interests them to became an
object of their attention; and among the
objects of attention of freemen, the principles
of government, the constitution of particular
governments, and, above all, the constitution
of the government under which they live,
will naturally engage attention and provoke
speculation/* But who will say how long
this liberty will be tolerated, if tlic principles,
so alarmingly opened in the charge to the
grand jury, shall once l;e e^^tahlislieil ? This
IS the most iinportmt crisi'* in the history of
English liberty, th.il the world ever saw. If
men can be convicted of hi,;li treason, upon
such cuustmctions and inq>li<-.itions as are
contained in this charge, we may loj;k with
conscious superiority upon llie republican
speculations of trance, but we shall certainly
have re<ison to envy the milder tyrannies of
Turkey and Ispahan.
Trom what has been said it appears, that
the whole proceedini^s intended in ttie present
case, are of the nature of an vx post facto law.
This is completely adinillul bv the chief
justice. In sinnmin^ up the (i.lfinijt parts
of his char^jo, he enunicratj> tiuce c.ises, in
the first of which he directs the i:r.iiil ,iny to
ttirow outthe bills, and m that ot tiu* Uvo last
to find theni true bills. Oik; k^( tlu-^e two
relates to chief justice 1-Are's \\k w tn .isun of
" a Conspiracy to subvert the in.Jiianhy,"
a trcavm wliicli, he says, is not drclaiod by
th(* statute of Kdward o<l. and n«) 1 .nv^imt in
this country Da^ever vcnUircd to ( uijl'':ni.l.itc.
Tiie other, ** that of ovrrrvnu p niiiinoot,"
he states to be a new vuj'I dwulili'iil ( .i^e, and
reconnnends, that it -imuhl be *' put into a
judicial course of enquiry, t...it it may receive
a solemn adjudicalioii win t her it will or will
not amount to high treason."
Thus it is ful^' admitted^ respecting the
35 GEORGE UL
ud lord the king in his realm giving lo iljem
§wd and comfort in his realm orelaewhcrc and
lof all misprisions otsij lb h i^h treasons as afore-
laaid or of anv of thtm withm the county afore-
[said (he well withm liberties as without) by
irhorotjoc^vcr and in what manner soe»er done
L committed or perpelrated when how and after
I lirhat manner and of all other articles and cir-
tcumst3i)ces concerning the premisses and
livery or any of them in any manner what-
I aocver jmd the said treason and misprisions of
treasons uccordin^ to the laws and customs
1 of Ensbnd for this time to hear and dctcr-
|ininc by I he oath of Benjamin Winthrop es-
? aire John llcnry Schneider esquire Enward
ronside f squire Benjamin Kenton esquire
iKawson Hart Boddam esnuire John Aris cs-
[fliure VVilham Pardoe A lie It esquire John
I Jerry e^^^uire Henry Peter Khuff esqnire
[Thoma* Winslow esquire Thomas Cole es^
l^uire Samuel Hawkins esquire George Ward
j Cfiquire Thomas Boddam esquire Joseph Lan-
Icftster Cf^quire Kotiert Wilkinson esquire
[Ceorgc Oiiiway Mills esquire Ucnry Wright
I esquire John Hatchet esq m re Rowland Sle-
l persons now under accusation, that they
' could find no reason, eitlier m the books of
©ur law, or of any commentators of received
authority, to suppose that they were incurring
I the guiit of treason. '* The mark set upon
this crime, the token by which it could be
(discovered, lay entirely concealed: and no
liuman prudence^ no human innocence, coutd
\ save Ihem Trcm the destruction with which
' iliey are at present threatened" [liuinc, vol.
I vi^ ch. liv, p. 404].
It is pretty geueraUy admitted, that several
of these persons, at least, were honest and '
•rcH-intentioned, though mistaken men.
Punishment Ig awarded in human courts of
justice, either according to the intention, or
the mi*.chief committed] If the intention be
alone to be considered, then the men of ,
%rhom I sytak, however unguarded and preju- I
dicial tlicir conduct may be suppo<»ed to have I
been, must on that i^round be infallibly ac- I
quilted. If, on the other hand, the mischief
incurred be the sole measure of the punish-
ment, mt are bo»md by every thing that is '
0iicr«d to proceed with rehic lance and regret.
l^et it be supposed, Uiat there are cases,
^herc it sliall be necessary, tlvat a well
desianinc man should be cut off, for the sake
of the whole. TIic lea^t consideration that
irccan pay in ': ' r ' - - is, to
warn him'of I mi lo
H3ut so much as the knowledge of
Trial of ITtomai Hardi^
[232
the trials to which this charge
T kinnv ttiat tin: \\ii\'i*- vviH
I
b I
lidn>
hup utiv ii-i *i is *
•»bv e. He has al:
0tt mi:ic js tta Ufi or pn;cedaut fuc Uiur
phcnson esquire and John Campbell e^uirc
gocxl and lawful men of the coimtf aforeMiid
now here sworn and charged la \nqinr«» for
our said lord the king lor the body of the said
county, touchins; and concernmg the pre-
misses in the Kaidleltors patent mentiiiucu It
is presented in manner and fotm as fulloweth
(Ibni is to say)
Middic^e^ to wit the jurors for our sove-
reign lord the kin? upon their oath present
that Ihomas Hardy late of Westminster in
the coutity of Middlesex shoemaker John
IIorneTuokc late ofWimbWon in the county
of Surrey clerk John Augustus Bonnev late of
the parish of Saint Giles in the Fields in the
county of Middlesex aforesaid ^ntleman
Stewart Kyd late of London esquire Jeremiah
Joyce late of the parish of Saint Marj-le-bone
otherwise Marybone in the county of Middle*
sex aforesaid genrlcman Thomas Wardlc late
of London gentleman Thomas Holcroft late of
the parish of Saint Mary-le-bone otherwise
MaryL>one aforesaid in the county of Middle-
sex aforesaid gentleman John Richter late of
Westminster ui the said county of Middlesex
condemnation. If therefore he address them
in the fmnk language of s'mcerity, he must
say : "Six months ago you engaged in mea-
sures, which you believed conducive to the
public good. " You examined them in the
sincerity of your hearts, and you admitted
them with the full conviction of the under-
standing. You adopted them from this ruhng
motive, the love of your country and man-
kind. You had no warning that the measures
in which you engaged were acts of high
treason : no law told you so ; no precedent
recorded it ; no man existing upon the taco of
the eaith could have predicted Mich an inters
prelation. You went to y ^ ' ' with a
perfect and full conviction, ( lat^lcd
upon the principles ol'immuluui. jMr^Mtc, and
that you had oftnnded no provision or statutft
that was ever deviled. I tin- iinl.*p sitting
upon the bench, you, ^\itiry,
ever>'inhabilAnW*)f the i ' !trilain,
hrul jUst as much reason to conceive tiu'V wore
incurring the penalties of the law, as the pri*
soners at \he bar. This is the nature of the
crime; these arc the circumstances of tlie
case.
*• And for thts^ the senteoce of the court
[but not of tlie law] is, Thai you, and each of
you, shall bo taken from the bar, and ton*
-■-■ ---ne,
to
hy
'jti
ru
b©
■ur
veycd to thr
und from the
the place ot t.v.ii. ,.., .,.,..
the neck, bvil not until yui
shall be taken downilivr
bers shall be cut i
tnkrn utit nnd hnr
'Tcd from
tiU'fs, whit ii
al; and the
5ouu r*
I then be
anr to be
Lord Imve
at I:
lUCi'
>iir
J^r High Tnason*
A. D. n^.
[934
Mittbew
* ta tin? rcwmtv
I lllfl tout
:te of Went.
rsiiiuirsT.er in
lid halter and
mx^w^t lutr HI nil j'.iiJ'^ii ot SuiDt LCO-
I SbMtditcb in til? county of Middlesex
[ lliliour^r >uintr <Mbj€rU of our said
tbe king t \he fear of God in
*licmrU nor ^ ^ ibc duty of Iheir
cc bul lift! tig moved and seduced hy
^ligalton of the devil &i false traitors
CKir said lord the king tUeir fcupreme
lawful and undoubted lord and wholly
J tlie curdtal love and true and dye
whith evf ry tnie and htilhful sub-
TM " shovdd and of right
ibe^ id lord the king and
janti wiUKiiiinMr strength intending
ly lo break and disturb the peace
iMOItflon Iranouillity of thi«» kin^oni of
Bfh%in and to Mtr niuve and excite
rebellion 'p ' '^t against our
mM lord Ihi; king wi; i ugdam and to
AlwCft am! ?ihrr the ' ... . .lc rule and go-
1HMD> tdy ami hti|»pily established
hAis : ^. I arid to depose uur ^aid lortl
tbl Jbag Jirvtn the royal state title power and
gwnuiueni of this kingdom and to brtn^ and
§ao md lard the kin^ to death on the first
of Hatch in the thirty third year of the
I tS oilr Baverisien lard the now king
CO divert other daj*a and times as well
'Ne parish of Saint Giles
V ul Middlesex aforesaid
!HN»v atiu u.iiturously with force and
,A6 amongst themselves and toother
* -^ whose names
villi 4tf eft <
DHUin and to
tplaliironile and ^
fappUHp estalilt'^l
awr iftfd lor<
wHttt ar
ai
conspire com-
i>f^ move and
r against
ugdom of
ui aitcr the le-
K now duly and
• this ktngdinn of
^e our said lord the
title power and go-
11 and to bring and
10 death And to
o eflfect their moat
' * asonable coro-
said they the
'^ ?oke John
I ih Joyce
. . .^ *hn Kicb-
lohn 1 helvralt Kichani
Baxter &« such false tial-
aa afutr^aul vtth force and afm*i on the
fe«t dav of Mafch in the thirty- third
ija BtMi oo dirtT% other days and
ta^weU before as after at the parish of
'**■ afefeaaid io the county of Mid-
malidmnly and traitor-
eofiapaie eooflult and agree
m and iDgelher witli diven
aie toihe
said jurors unknown to cause and proc tire
convention and meeting of divers* Mfh|f*rt'^ ^
our said lord i^ tj be as9M
held within till n with hr.
order that the ptfM
convention and x\\<
wickedly and trailer uu^
fiance of t he authority a i {
the parliament of this kiAi>....>... ..- .^...ujti
alter and cause to be subverted and alterc«i
the legislature rule and government now duty
and happilr established m this kingdom and
depose and cause to be deposed our said lord the
king from the royal state title power and go-
vernment thereof And further to fulfil |jer<*
feet and bring to effiect their most evil and
wicked trea.son and treasonable com prt«s I ngf
and imaginations aforesaid and io i>rder the
more readily and effectually to asaemble such
convention and meettug as aforct>nid for the
traitorous purposes aforesaid and thereby to
accomplish the same purposes they the said
Thomas Hardy John Home Tooke John Au-
gustus Bonne V Stewart Kyd Jerennah Joyce
Thomas Wardle Thoma^i {ioltroft John Hith-
ter Matthew Moore John Thelwall Richard
Hodgson and John Hauler a« such fdU(?tnut.om
jisaJoresttid logetber with divcrsothcr fjlitirAu
tors whose names are to the jurorsui , .
known on the said fir^t diiy of Mu: nj;
thirty-third year a I- ! on divers other
days and times as u f t^ after with force
and arms at the parish uJ S:iint Giles afore*
said in the county of Middlesex afofiei*a4tf
maliciously and trailoroiisly did coui, .
and write and did then and there matir;
and traitorously cause to be com poser j .md
written divers hook§ pamphlets leitets in-
structions resolutions orders declaiatinn!* ad-
dresses and writiu|»3 and did then and there
maliciously and traitoroubly cause to be ptih-
hshed divers other books pamphlets lettei^
instructions resolutions orders declarations
addreaaes and writini^s the said books pam-
phlets letters instriictioas resolutions orders
declarations addreitses and writings so rf«
spectively composed written pubhshed and
caused to t>e comfiosed written and published
purporting and containing therein amone
other things incitements encouragements and
cxhortatioiis to in(»ve induce and petaiiado
the subjects of our said lord the king to choose
depute and send and cause to b*^ chosen dc*
puted and sent peraons as delegates to com-
pose and eonsttlute fuch eoovehtion and
meeting as aforesaid to be so holdeti as afom-
said for the traitorous purposes iifnratakl An$
farther to fulfil perfect and liring ta tffeet
their most erU and wieltad Miicilt aild tft^
sonahle corapaa«n» wai lifiagiwatioM ifb^
said and in order the tiH t affaiv
tually to aasemhle such ! meai^
ing as aforeiaid f'or liie uAiwrtm^ mtfumm
af&«aid and tberal^ Id wmmfflm mm
same ptirpoM thty M iild TfmrimWm^
John Horn Tooka hh
StawmrtEy^JlililillilJiyw'
TboniasHokroft John RichterMaUhew Moore
John TbelwalJ Kichard Hodgson and John
BciKtcr as such false traitors as aforesaid on
Oie said first day of March in tiie thirty-thnd
year aforesaid and on divers other days tmd
times as well before as after with foroe and
arms at ttie parish of Sainl Giles aforesaid in
the county of Middlesex aforesaid did meet
consult and dcbberate among themselves and
together with divers other fidse traitors whose
names are to the j?aid jnrors unknown of and
concerning (be calling and assembling such
convention and meeting as aforesaid for
tbo traUurou^ purposes aforcsiiid aud how
when and where such convention and
meeting should be asfemblcd and held and by
what means the subjects of our ^-aid lord the
king should and mi^ht be induced and moved
to send persons as delcjjales to compose and
constitute (he bame And further to fulhl per*
feet and bring to effect their must evil and
wicked treason and ti-edsoniiblc compasssings
and imaginations aforesaid and in order the
wore readily and eB'ectually to assemble such
convention and meeting as aforesaid for the
traitorous purposes aforesaid and thereby to
accomplish the same purp<ises they the said
Thomas Hardy John Home Tooke John An-
fistus Bonney Steward Kyd Jeremiah Joyce
homas Wardle Thomas llolcroft John Hich-
ter Matthew Moore John Thelwall Richard
Hodgson and John Bailer as such false traitors
asaftrcsaui together with divers other tahe
traitors whose names are to the jurors
aforesaid unknown on the said first any ^i(
March in ihc thirty-third year aforesaid'und
on divers other days and times as well before
as alter with force and arms at the parifih of
8aiot Giles aforesaid m the county ot Middle-
sex aforesaid maliciously and traitorously did
consent and agree that the said Jeremiah
Joyce John Augu&tus Bonney John Home
Tooke Thomas Wardle Matthew Moore John
Thclwall John Baxter Richard Hodgson one
John Lovett one William Sharp and one John
Peariion should meet confer and co-operate
among themselves and together with divers
other Talse Iraitois who^c names arc to the
said jurors unknown for and towards the call-
ing and assc tub ling such convention and
meeting as aforc!!»aid fur the traitorous pur-
poset albresaid and further to fulfil perfect
and bring lo effect their most evil and wicked
treason and treasonable compassings and ima-
ginations aforet<iid they the said rhomas
Hardy John Home Tooke John Augustus
Bonney Stewart Kyd Jeremial) Joyce Thomas
Wardle Thomas liolcroft John Richter Mat-
tliew Moore Jolin ThelwaU Ricliard Hodgson
and John Baxter as such talse traitors as
aforesaid together with divers other false trai*
tors whose names arc to the jurors nfor**-
said unknown on the fir>i
the thirty-third year atbn
other days and times a$i w^
with force and arms at th*^
aforesaid in the couuty of Hii^uic^cJi mor^iaj^
Trial of Thomai Hardif
] maliciotisly and traitorously did cause and pro*
j cure to be made and provided and did tnca
I anil there malieioubly and traitorously consent
and agree to the making and providing of
divers urms and otlensive weapons to wit guns
mubkets pikes and axes for the purpose of
armin!; divers subjects of our said lord the king
in order and to the intent thai the -^umc sub-
jects should and might unlawfully forcibly
ajid traitorously oppo!»e and withslaud our said
I lord the king m tl»c due and lawful exercise
I of his royal power and aulhortiy in the exccti-
, tion of the laws and statutes of ihts realm
and should and might unhtwlully forcibly and
traitorously suhvert anil alter and aid an<l
a'^si^l in subverlinjsj iiiid altering wuh.uii and
in defiance of the authority an<l against tlic
will (if the parliament of thi§ kingdom the
legi-liiture rule and government now duly and
happily established m tltis kingdom and de*
f)osc and aid and assist in deposing our said
ord the king from the royal stite title powe
[ and governinent of this kingdom and furthe
I to fulfil |ui ' 1 bnug to fP ' :'
j evil and v, l^oii au<l d
passings a*^o .....i-iuationsafo-. .ui ^
said Thomas Hardy John Home Took^
\ John Augustus Bonney Stcwttrl Kyd Jer
I miah Joyce Thomas Wardle Thomas Hot
croft John Richter Matthew Moore John
ThelwaU Richard Hodgson and Jolui Baxte
us such false traitors as aforesaid wit!
I force and armi on the said first day of
March in the thirty-third year aforenaid
and on divers other days and times aa well be-
fore as after at the parish of Saint Giles afore*
said in the county of Middlesex afut
liciou^lyand traitorously did meetcui:
suit and kiLT ■-- — ■^^ themselves aiu \\\u\ tii.
versothcr rs whose names are lo Ih
said jurors ....^ wu. Tii to vaxsg levy and mak^
in^:urrection rebellion and war within thii
kingdom of Great Britain against our mu
loru the king and further to fulfil perfect an
I bring to efiect their most evil and wicked tre
son and treai?on able com passings and imagin
ations aforesaid they the said Thoma^s Hurdjl
John Home Tooke John Augustus BonneJ
Stewart Kyd Jeremiah Joyce Thomas W nrdk
Thomas llolcroft John Uichlcr w
Moore John Thclwall Richard Ho! |
John Baxter as such false traitors u 1 j
on the said first day of March in li
third year aforesaid and on divers uu^<
and times as well before as alter at tlie parisiij
of Saint Gile*t -i-rp^iia
Middlesex afoi'
]iciously and i
consult and ul
together with d i
names are to the &aid
MwfttlW wickrdlv vimX
rounty
irmtt ma
luwU UU
I, to %\\h
i>aiu ioiu uic *tiji^ iiuiu uii: juvii>ia.ic tiuc
Ji^ High Treason*
Wd mVemment of this kingdom and
f to fiiTnl prftVct Mil} bring lo crtcct ihcrr
ison and Ucasoniiblc
ton*! aforesaid and in
dually la Lrinnj
uanddeposilioii
LiiL- b.tiil 1 hntnas Hardy
John Augusitis Bonney
1 juiah Joyce '1 liomas Waidlc
\>ft Jtjliri ' Uicihler MaUhew
•lill liicliard llo<lgson and
1 li false traitors as aforC'
.... divers other false tmitors
rr. to the Jurors ^loresaid un*
aid first day of March in the
! ir dforesjiid Jind on divers other
^ t'^ well before a^ after al the
[ libresaid in the county of
I wiih force and »rni» naa-
'ijyly did prepare and com-
Tid there nialiciousiy and
III proiure lo be prepared
- books pamphlets letters
i> resohitiona orders
ml did then and there
i-tly publish and dis-
Ikere maliciously and
.. ,-ucure lo be published
•Sit! ^ other bookfi pamphlets
letti iiHtruf lions resolutions
Otdt' I he said several
^IM>♦^ iralions instruc-
tion n* orders adtlresscs and writing!*
90TV prepared composed published
duper^U iiij,j ruu!%ed to be prepared com-
puwd iMibli>!.hed atul dispersed as last
^orewa ptirpnriing and containing therein
(jiinotig^Suthrr thini;«i) incitements cncouragc-
ito w-^' nous to move induce and
le I H of our said lord the king
«id at ■ r into cft'cct such
u and deposition
oU'-- -.w ..*-w ,...._uiitaining therein
Other Ihing'^ mt'ormatiou instructions
Trrrlion^ lo the Md>jects of our said
Uow when and upon what occa-
loroui purpones la<»l aforesaid
" carried into effect and fur-
:md bring to etfect their
ison and treasonable
itions aforesaid they
John Home Tookc
Stewart Kyd Jere-
muJi iL ; I die Thomas Holcrofi
t J^llfl flJ \ I oore John Thel ual I
lirtr--^ iohn Baxter as such
l£tiks [ together with divers
fotbti .-. ^' nncs are to the
llli : lie satd first day
refllicrth I year aforesaid
■nd mi drrers othi J times a*3 well
befons fts odW at t ; i > of Saint Giles
WihnaM in ihc county of Middlesex afore -
nid inth forrr* and arms maliciously and
Umilorot!' iiorure and f>Tovide and
M cheu ' maliciously and tr&itor-
PMljr cmiuc a£id procure lo be provided
A. D. 1794.
[238
: and did then and there maliciously and trai-
I torously consent and agree to the procuring
' and providing arms and offensive weapons (lo
wit) guns muskets pikes and axes therewith
to levy and wage war insurrection and rebel-
lion against our said lord the king within Ibis
kingdom against the duty of the allegiance of
thcra the said Thomas Hardy John Home
Tooke John Augustus Bonney Stewart Kyif
Jeremiah Joyce Thomas Wardle Thomas
llotcrutl John Uichter Matthew Moore John
I Thel wall Richard Hodgson and John Baiter
against the peace of our said lord the now
knig his crown and dignity ajid against the
form of the statute in thai case maide and
j provided.
I Mr. AttorT>ey General stated to the Cotiit,
j that he had been intbrmed by the counsel for
the pri^ners, it was their intention the pri-
I soners should be tried separately. It was
; therefore his intention to proceed first on the
trial of Thomas Hardy.
' At tlie request of\lie prisoners' counsel^
the Court adjourned to Tuesday, October tho
SBth,
Sessions Haute in ihc Old Bailey , Tuesdatf^ Oc*
Present, — I^rd chief justice Eyre; loni
chief baron Macdouald; Mr, baron Hotham;
Mr. justice BuUer; Mr. justice Grose; aiui
olherJi his majesly's justices, &c.
Coumrt for the Crown, — Mr. Attorney Ge-
neral [Sir John Scott, afterwards lord EldonJ,
—Mr. Solicitor General [Sir John Milford,
afterwards lord Redesdale],— Mr. Serjeant
Adair, — Mr. Tiearrrofl, — IVlr. Bower,^Mr,
Law [afterwards lord RllenboroughJ,— Mn
Garrow, [alterwards a baron of the court of
Exchequer],— Mr. Wood [afterwards a baron
of the court of Exchequer.]
Solicitor, — Joseph White, esq. solicitor for
the afl'airs of his majesty's treasury.
Counsel farthe Prisoner. — The hon, Thomas
Erskine, [afterwards lord Erskine], — Mr.
Giblis [afterwards lord chief justice of the
court of Common Pleas],
Amitant Counhcl. — Mr, Dampier, [after-
wards a judge of the court of King's. bench].
— Mr. Felix \'aughan.— Mr. Gurncy.
Sidicitors. — Mc^sr*. George and HonMiil6
William Clarkson, of Essex street.
The cfjurt being opened and Thomas Hardy
set to the bar^ the juR>rs returned by the sh^
rift were called over.
Major Rhode, esq. cb^dlenged by the prxsoner.
Thomas Martin, oilman, not a freeholder of
the county of Middlesex.
George Jeffer^s, jeweller, not a freeholder.
Hu^h French, esq, challenged by the prisoner.
Robert Mellish, ship-builder, challenged by
the prisoner.
William Ilarwood| esq. challenged by U|j»
crown. "'
2m
S5 GEORGE HI.
Trial qf Tkomas Hardy
[SCO
|i4iie0 BagiLrtbj e«q. challenged by Ibe pri-
gbert Lewig, esq. excused on account of UU
ness.
[John Wiilker, esq, not a freeholder.
Ipeorgc Wade, hU>Gk<brokeT, challenged by
the crown,
f Thomas Buck, esq. sworn*
|-i'bofuas Ayliffe, esq, challenged by the pri-
I aoatr.
|yiu»nias Wood, esq. &woro.
Hiack Hudson^ esq. challeiu;ed by the prisoner.
floho MandeUy gent chafiengcd by the pri-
soner.
Henry Bullock, brewer, challenged by the
i crown,
L John i*owsey, carpenter and surveyor, chal-
I i^ged by the prisoner.
I CforgeCapes, esq> challenged by the prisoner.
[T'honias Rhodes, cow^keeper, challenged by
Uie prisoner.
\ Edward Hehne, esq. challenged by the pri-
soner,
[ leficry Holmes, esq. challenged by the crown.
William Fmser, esq, sworn,
r Jkpslcy Pellat, ironmonger, not a freeholder,
j Hugh Reynolds, esq. challenged by the pri-
i toner*
[Thomas Harrison, cow-keeper, challenged by
the prisoner.
I |>anitsl Cosset, esq. not a freeholder.
Uichard Meaux, esq, not a freehoMer.
Dicker Saunders^ e&q. one of the people called
quakers,
r (i^ailvert Clapham, gent not a freeholder*
I Jolm Leader, gent challenged by the prisoner.
. John Guci»l,esq, excused on account of illness.
I Charles Fuurdrjnier, stationer, not a freeholder.
> Adam StcinmeU, biscuit-baker.
Mr, Aittirney GeneraL — Are you a natiural
Jwrn subject ?
Mr, SUinmetz, — Ycs, — Sworn.
Alexander Baxter, esq. not a freeholder,
JSLichard Child, distiller, not a freeholder.
Jeremiah Blakeniau, timber merchant, chal-
lenged by the pri*yoner,
Robert Kilby Cox, esq, challenged by the
prisoner.
' Richar<i Hunt, esq. not a freeholder.
I James Payne, esq. challenged by the crown.
I fkJewell Connop, distiller, sworn,
; Jului Mercer, mealman, sworn.
^ JuKd Kixon, cooper, challenged by the crown.
) Thomas Saycr, esq. sworn.
Ifichaid Carter, esq. sworn.
^ ' ird Ualc, gent, challenged by Uie pri-
Itinner.
rgc Fillingham, esq. cluillcnged by the
prisoner.
Samuel Rudge, esq, not a freeholder,
VyiUiam Perry, esq. dbalknged by Uic pri-
soner.
^.lUJjard Goughi uq. cbftll^ged by U)« pri-
soner,
^ Josltiiifc Brookc6| dealer b btrd#» mil ^ &ec«
ho)der,
Tbomat Ijmttmc, esq. not » ffochoUkr.
Thomas Skipp Dyott BuckneJl, a«q. challenge
cd by the prisouer.
John Blfickburn, esq. challenged by the pri-
soner.
Samuel Mills, weaver*
Mr. AJiiU -My father left in hts witl all
his estate to my brother and me, and ap.
pointed trustee«», tiiid we are not by I he wilij
to be of a^e till we are thirty-Ave,
Joseph Bird, et^q. not a freeholder of Middle-
SCJ£,
Thomas Powell, esq, challenged by the prW
soner.
William Eraerson, esq. not a freeholder.
James Cook, esq. nut a freeholder.
Nathan iel Slonard, brewer, sworn.
Joseph Maw ley, gent not a freeholder.
Thomas Allen, brewer, challenged by the pn*
soner,
John Baker, esq. challenged by the prisoner.
Wiiham How, esq. not a freeholder.
James Smith, ei»q. (challenged by the prisoner*
Bryiin MarUiali, gent. cliaJienged by tlie pri-
soner.
Joseph Nicoll, gentleman farmer, 6woni.
Thomas Bird, dibtdler, not a tree holder.
Robert Vincent, e»q. not a freeholder.
David iCoberlb, esq. chalkoged by llie prW
soner.
George Brooks, esq, not a frexhiiWi^r
William Arnold^ cmj. not a i
Thomas Nijuin, esq. not a it^
Thomas bniith, ctq. clmlJeog^ by iIm firt-
soner,
John Citarrington, c^q. swum,
George Hi)^by, ti^q* not a freeholder.
Thomas Atleui oftq. challcngod by the pti*
soner.
Anflrew Durt, esq. challenged by the rrown.
Charles Smith, distiller, challenged by the
prisoner,
Archibald Paicton, wine merchant, challenged
by the prisoner.
Italph Keddy, e&q. not a freeholder.
John liarsley, esq. not a freeholder,
Wtlliam NicoU, larmer, challe^igied by the
prisoner.
Kdwurd Franklin, farmer excuied OJI acco
ol iltnr-ss.
Mv ley, coal mercbaotjchatteogjedllif
1, ■.-cr,
John Ihompson, brewer, chaUenge4 by the
prisoner.
Joseph Ainsliffi €sq. ivorn.
Thomas Buck,
Thomas Wood,
William Fraser,
Adam Slcinmelz,
N- lop,
Jo I
Tl'
m
iiAui Uoiiii; IumIu^, 4^r
Thomas Sayer,
Rjchard Cdrter^
Nullmuiel btou.uJ,
Joseph N trhol,
Johv
Jo-<
<ie«rfaigDfl)«
th
-[LUfc Uai, Cluk of
2U]
Jbr^High Treason*
A. D. 1794.
[343
Arraigns read the Indictment]. — Upon this
indictment he hath been arraigned, and upon
his arraignment hath pleaded not guilty, and
for his trial hath put himself upon Cod and
the country, whicn country you are. Your
cbar^ is, to inquire whether he be jguilly of
the Sgh treason whereof he stands indicted,
or not guilty. If you find him guilty, you
sre to inquire what goods or chattels, lands
or tenements, he had at the time of the
»{h treason committed, or at any time since.
you find him not g^iilty, you are to inquire
whether he fled for it , if you find that he
did fly for it, you shall inquire of his goods
and cliattels as if you had found him guilty.
If you find him not guilty, and that he did not
fly for it, say so, and no more, and hear your
evidence.
The Indictment was opened by Mr. Wood.
Mr. AUorney-Oeneral (sir John Scott). —
May it please your Lordship and Gentlemen of
tbeJuiy;— In the course of stating what J
have to oflfer to your most serious attention
ID this great and weighty cause, aflectui^, as ;
it certainly does, the nearest interests o\ the i
community, aftecting, as you will remember j
throughout this business, every interest which i
can be valuable to tlie prisoner at the bar, I '
shall have frequent occasion to call that anxi-
ous attention to the different parts of the in-
dictment which has just been opened to you.
I forbear to do so at this moment, because I
think that attention will be more usefully,
both with respect to the public, and to the
prisoner, given and required in another part
of what I am to address to you.
Gentlemen, the prisoner, who is before you,
stands charged (to state the indictment gene-
ndly) with the offence of compassing his ma-
jesty's death ; he was committed upon that
charge by his majesty's privy council : I will
eiplain to you presently why I state this and
the follow iog facts. In consequence of the
apprehension of this prisoner, of several
others charged by this indictment, and of
others whose names do not occur in this in-
dictment, proceedings of some notoriety were
had in parliament, and an act passed, em-
powering his majesty to detain such persons
as he suspected were conspiring against his
government. That act has asserted, that a
traitorous and detestable conspiracy had been
formed for subverting the existing laws and
^vcmmcnt of the country, and for introduc-
ing that system of anarcby and confusi9n,
which had ^o fatally prevailed hi France ; the
act, upon the spur of the emergency, which it
con tern plated, authorized the detention with-
out bail, mainprizc, or discharge, of the pcr-
Kns then in pri^ion for high treason, or trea-
K/Oable practices, or who should afterwards
te committed, for high treason or treasonable
prac tires, by warrants from the privy council
or seaetary of state, until the first of Febru-
iry, 17»5.
GentleiHen« this measure, which did not
suspend the opecaiiuii of the Habeas Corpus
VOL. XXIV.
act, that great palladium of English liberty,
but with reference to particular persons, un-
der particular commitments, for particular
offences, is a measure never adopter] in this
country by parliament but in cases, in which it
is understood, after giving all possible atten-
tion to secure the right of the subject from
being broken in upon, to be of the last possi-
ble necessity, and which has b^en repeatedly
put in force, in the best of times, in such
cases, where the wisdom of parliament appre-
hended that it was matter of their dutv to
provide that the nation should part with its
liberty for a while, that it might not lose it
for ever.
Gentlemen, appearing before you this ,day
in discharge of that duty, which I have been
commanded to execute and the execution of
which appears to me to be absolutely ne-
cessary, you will collect from the fact that
I do appear here this day, that, according
to the true constitutional meaning of such
an act of parliament, it is not that the trial
of such persons shall be delayed during the
period of the suspension of the act, but
that the act shall, with reference to the time
of trial, be allowed, in the ripbt execution
of it, an operation only to that extent in
which the uue consideration of the public
safety, tempered with a due attention to the
liberty of the individual subject, may require.
Gentlemen, the proceedings of tfiie Icgisla-
lature having been such as I have stated to
you, his majesty, constitutionally advised in
the exercise of his duty, as the great conser-
vator of the public peace, directed a commis-
sion to issue to inquire whether any such trea-
sons, as the presumption of such a traitorous
conspiracy must necessarily suppose to have
existed, had been committed by any persons,
and by whom. In the execution of the duties
of that commis*^ion, a grand jury of this coun-
ty, upon their oaths, have declared that there
is ground of charge against the person at Uie
bar, and against others, sufficient to call uoon
them, in a trial to be had before you, their
country, to answer to an accusation of high
treason, in compassing his majesty's death.
Gentlemen, I have stoted these circum-
stances, that I may convey to you, in as
strong terms as I can express it, this observa-
tion, that, as the proccedinirs of parliament
ought to have had (and I am persu idcd, from
the dclibrration which they gave the suljject,
that tlipy had) no inthienco upon the judicial
mind of the grand inquest, neither ought these
procecdin«;s to affect your incuiiriO!*, or to in-
duce you to Jinv dotcnninatioii, which you are
to make upon the issue, which you are now
sworn to trv.
Gentlemen, there is no one cirrumstince of
any procccdiuirs before parliameut, with re-
ference to which YOU ought to suffer your-
selves to be influenced in the trial of this is-
sue. It is obvious that such proceedings, us
were had in parliament, providing for «;rcat
emergencies, may be required and aulho-
R
8I5J
35 GEORGE IIL
Trial of Thomas Hardy
t^i4
f izedl by the genuine spirit of the constitu-
I tion, even in cases in which a grand jury might
not, upon any thing that could be offere<rto
ihcir consideration, be justified in finding a
I bill : it is muc:h more obvious, that, in a pro-
ceeding before you, a consideration of the wis-
dom and propriety of the acts of the legisla-
ture is not called for*
You therefore, gentlemen of the jury, will
conjider the prisoner as standing before you
rln f\i\\ possession of an absolute ri^ht to the
|*presumption of innocence, notwithstanding
l^e is charged with guilt by this indictment,
f us you will near, except 9o far as that presump-
[ tjon is met by the single simple fact, that he has
rl>cen accused by a grand jury of his country.
Gentlemen, before I conclude these general
^observations, you will permit me to say» on
I the other hand, that, if there has been' any
p thing that has fallen under your observation,
by act or publication— any attempt to make
_ impression upon the minds of those who
ure this day impanelled to try this great cause,
disparage inat advice, which, under the
Inmost responsible sanction, may be ^iven you
rin matter of law, to work in your mmds any
['prejudice either against the prisoner, or on
l^the prisoner's behalf; on the one hand I am
"cctly sure that your integrity will be secu*
tity to the public, that vou will not permit
lany ultcmpt of that kind to have any opera-
lion ; on the other hand, gentlemen of ihe jury,
Jl ajn equally sure that I need not ask from an
f English jury, that thcv would permit no such
rtttempl to prejudice lliem against the prison-
|€r at tne bar, — no, not even an injudicious or
Pill executed attempt, to influence them in his
^favour*
Gentlemen, in order to understand the law
Jl>f treason, and the indictment, I shall take
Pthc liberty first to slate to you the character
'lyhich I apprehend the king, for the protec-
[Jtion of whose person and government the
^itatute in question was made, has in the
Instate and constitution of this country.
r Gentlemen, the power of the "state, by
I vhich 1 mean the power of making laws, and
^forcing the execution of them when made,
13 veslea in the king ; enacting laws, in the
f one case, that is, in lus legislative character, by
rkad with the advice and consent of the Lords
[ipiritual and temporal^ and of the Commons
fin parlramerit assembled, assembled according
Wm law and constitni»onal cu*>tum of Eng-
ad ; in the other ca«e, executing the laws,
If hen made, in subservience to the laws m
Itnude, and with the advice, which the law and
the consttlulign hivp a*> signed to h-r*; i" "'
"^nost every in>tancc in which they h
rUOuii hum tuAii r.ir liu l»4-fu fit fit ' I
S.'
ffiOuvetic5 tcf* the yi i ex- i
ilcnceoh' ■ ' ,;i^ ronveniii_ • 'lom, |
ccording to ilio Uw and ctiston* al
y, he is bound to convene. Tin
it, aUJDg m liii royal pohtical t
capacity, and the I^rds and Commons thcrt
assembled, form the great body politic of the
kingdom, by wliich is exercised sovereign au-
thority in legislation. Gentlemen, whUstlhe
present law, the present constitution, andpre*
sent government of Great Britain, exist, no
law can be made but by that authority ; no
legislative power can he created against the
wul, and in defiance of that authority. Whe-
ther in any, or in what circumstances, an at*
tempt to create such a power is a treason for-
bidden by the statute of the Si 5th of Edward
3rd, I propose to examine presently.
Gentlemen, as in the king the power of
legislation is vested, as well as the executive
power of the state, to be exercised with con-
sent and advice, to be exercised according to
those laws, which arc the birthright and in^
heritance of the subject, having upon hioi
the care and protection of the community ;
to him, in return, the allegiance of every m*
dividual is, according to the law of England,
due ; that allegiance, by which the subject is
bound, in the language of the statutes of this
country, to defend him ** against all trakiorous
conspiracies and attempts whatsoever, which
shall be made against his person, his crowD^
or his dignity."
Gentlemen, to ascertain to whom this care
and protection is committed — to ascertain ttt
whom this allegiance is due, the breach of
which, according to the venerihWi Inrd Hale,
constittites high treason, is to tlie
peace of the community— to i and to
define accurately what constitutes a breach
of that allegiance, is essentially and abaoUitely
necessary to the security of ail that our an-
cestors have claimed, demanded, and insisted
upon, as the ancient, undoubted rights and
lioerties of our country.
Gentlemen, the former of these objects is
secured by the law and constitutional custont
of England ; that law which alike secures to
you every right, whether it be a right of pep-
son or of property. It has made the crowrr,
which his majesty wears, hereditary (ami I
beg your atleaiion to that), subject to lirai-
tation by parliament The latter object has
been most anxiously secured by the stati
referred to in the indictment, which brii
forward the charge, the truth of whirh yi
arc now to try.
Gentlemen, the kin* having this hef^^dilafy
M
crown, i1
certain'
inrimibent ujmn nun lo r^vi
fit of the subject, in the f >
''"t ^'-' » •' • '»- 1 fiim w.LM.i
irh duties
thc\
that
dolv '-■!
high tt
bre^cii <
to it; ht
IS
h
':-«
'At
«0
l-f
rs
thm MA hi& duue^ la that oalb| to whu:li|
S45J J&r High Treason.
Uiroiighout tlai5 biismcs3» I must agaio call
your uttctitiofi, ill tlmt oath which he is bound
I in him, at his coronation, by which
J- -^ and swears ** to govern the. peo-
ple ui Uu:i country/' mark the words, ^nlle-
mtlkf " according to the statutes in parliament
4igtt€d uucn^ and the lows and customs of the
mme ; that lo his power he will cause law in
justice and mercy to be administered ; that
hm will roaintain the laws of God and the
tf^^.v r.,-, ,t.i.<,ion of religion estiiblished by law.**
jcn^ this oath, stated b^ that great
£__ ^Liihlc coustitutiocril judge, Mr.
juiticc Foster, to be a solemn and a public
raeoguitioD, not only of the duties of the
Idogf but of tlie fundamental rights of the
peoptCp iioposeth upon hiro (and throughout
iltb oue H cannot be too slrtmgly recollected
iJtel tl iiDposcth upon him) the mo^t sacred
iMgiitJOD to ^m'crn according to the lavvs
—-' statutes in parliament agreed u pon, ac-
* J to lh« laws and customs of the ioot^,
ad no otiicr.
<leiitlemen, addressing this Court, which
ti a oourt vf law, iu whicli you, the jury, are
mcil to make a true deliverance according
lolbclawof England, can I impress it too
itnicigljr tliat it cannot be supposed by possi-
^'^' ai>l by possibiJity— thai the king can,
eolly with his oath, and with the an-
duly recognized in the exphcit en-
at, ihc terms of which you have heard,
.«^/acty or permil himself to act, as kin^
areonfitig to any rules of government, formed
1^ aitjr bodies of men, assuming any charac*
tcr, fooclions, or situations, those rules of
gifeflUAicDt beJB^ meant to operate as laws,
tit i$aihiie$ ^gremupon in parliament, and the
imM 9tmd emitomi of the same^ onli^ excepted f
CentletDen, it seems to me to follow^, as a
r eopdmion from the reasoning to
1 to a court of law, not only Ihat
conspire to remove the king out
her, but that those
9\\ him, unless he will
^911111 tbc p%Hjj*le iic-<::t>idmg to laws, which
am «>t statutes in piirlfAment agreed upon,
and the laws an; i of the same, or as
Ibt hmd of a i^o I framed and modi-
fici tr^ asy auUionty not derived from that
fHcifUBent, do tun spire to depose him from
ik^ rwyoi ** ' ' ' r, and governtaetit,
mhifh tM I iions, and to sub-
v«it asiS ; od govemmcot rob?
atrntlak^ im. Ue aught not
•9 to govt;.. irml (.o i/cjvpm^he
n bcnnd to rcAi ^ard
^ ftll lis conM^^ I the
I; raibUncc nece^^inly produces de-
I it CtKianjijcrs his life.
stktn
uf them, have assigned
irid responsible advisers:
nKicr various consti-
tions, with various
aaii jiTtiV5iiUvcs, as necessary for
I king^ upon whom these
^w and constitution, for
A. D. 1704.
the support and raainlenancc of the civil li^
berties of the people : they ascribe to him
sovereignty, imperial dignity, and perfection :
and because the rule and government, as es-
tablished in this kingdom, cannot e^i^t for a
moment witliout a person hhing that oiBce,
and able to execute all the duties from time
to time, which I have now stated, they as-
cribe lo him also that he never cciines to exist.
In foreign aftUirs^ the delegate and represen-
tative ol his people, he makers w;ir and peac!e,
leagues and treaties: In domestic cuuccras,
he has prcrogiilivcs, us a ronstiUicnt part of
the supreme regisbiure; the prerogative of
raising tiecls and armies; he is the Ibuntain
of justice, bound to administer it to his pc;o-
ple, because it is due to them ; the great con-
I servator of public peace, bound to maintain
i and vindicate it; every where present, that
these dtities may no where fail tif being dis-
charged; the tbun tain of honour, othce, and
privilege ; the arbiter of dome*<Uc comraerce,
the head of the national church.
Gentlemen, I hope I shall not be thought
to mispend your time in stating thus much,
because it appears to me that the fact, that
such is the character, that such are the duties,
that such arc the attributes and prerogatives
of the king in this country (all existmg for
the protection, security, and happiness of the
people in an established form ot government},
accounts for the just anxictv, bordering upon
jealousy, with which the law watches over
his person — itccounts for the fact that, in
every indictment, the compassing or imagin-
ing his deslmction, or deposition, seoras to
be considered as necessariiy co-existing with
an intention lo subvert the rule and govern-
ment established in the country : it i*» a pur-
pose to destroy and lo depose Aim, in whom the
supreme power, rule, and government, under
constitutional checks and limitations, is
vested, and by whom, with consent and ad-
vice in some cases, and with advice in all
cases, the exercise of this constitutional power
is to be carried on.
Gentlemen, this language, the tenor and
charge of every indictment, b roost clearly
expressed by lord Hale, when he says that
high treason is an offence more immediately
against the perxan and gifvermnrnt of the
king : I cannot &laic it more strongly lo you,
or from an authority, the uuthenticjiy of
which will be less questioned by those w^ho
are to defend the prisoner at tlie bar, than
when I state lo you the language of one of
the counsel for lord George Gordon upon the
last trial for high treason: iuderd it is no
more than what follows the law of England
as dehvered by all those great lawy^^rw, wlioso
authority, I am persuaded, will not be atr
tempted to be shaken in the course of Ibis
trial, when it states this principle iIuist —
« To compass or imagine the Jeath of the
king, such imagination or purpose of the
mind, visible only to its great Author, being
mauifested by some opcQ act, an institution
347]
35 GEORGE HI.
obviously directed not only to the security of
his natural person, but to the stability of the
^vernment, the life of the prince being so
interwjivcn with the constitution of the state
that an attempt to destroy the one is justly
held tu be a rebellious conspiracy against the
other."*
Gentlemen, it will be ray duty to state to
you presently what is in law an attempt
against the life of the king. It seems, there-
fore, that when the ancient law of England,
—And I would beg your attention to what
I am now stating to you, — that when
the ancient law ot England was changed,
which, even in the case of a subject, held the
intent to kill homicide, as well as, in the case
of the king, the intent to kill or depose, with-
out the tact, where a measure was taken to
effectuate the intent, treason, with a ditlercnce
however as to the nature of the acts deemed
sufficient, in the one case, or in the other, to
manifest the one or the other intent, that to
use the words of a great and venerthle autho-
rity, I mean Mr. Justice Foster, " it was with
great propriety that the statute of treason
retained the rigour of the law in its full extent
in the case of the king. In the case of him/*
says he, " who>e life must not be endangered,
because it cannol be ttken away by treasona-
ble practices, without involving a nation in
blood and' contusion : levelled at him, the
stroke is levelled at the public tranquillity." h
Gentlemen, that it may be iully understood
what it is that I have- to contend for in the
course of this trial, I put you in mind a^ain
that I have before stated, that, as it is abso-
lutely necessary to the security of individuals,
not less necessary to the security of individuals,
than it is necessary to the security of the
nation which they compose, that the person
and ^overnmf nl of the king should be thu*s
Trial of Thomas Hardy [Sig
should tarnr without goine to judgment of the
treason, till the cause oe snowed and declsied
before the king and his parliament ;" — in the
expressive language, which your ancestors
have used, when the provisions of the statute
of Edward were first mtroduced into the code
of law under which we live, and of those
statutes, by which treasons were brought
back to the provisions of that statute, tne
experience of your ancestors, thus handed
down to you, has demonstrated this necessity.
I admit too (and my treating the subject thus
in the outset may ultimately save your tim^
that before the statute was made, upon which
the indictment proceeds, the security of the
subject was not sufficiently provided' for. I
admit that security is not sufficiently provided
for now, if construction can he allowed to
give an exposition to the statute, which the
legislature did not intend it >hould receive.
I Gentlemen, iipon each of these heads it
I was necessary for me to trouble you ^ilh
I some, and but with a few observations.
I That the law of treason should be deter-
' minate and certain, though clearly necessary
! for the security of the subject, is not more
necessary for their security, than tiiat there
should he a law of treason, and that this Uw
I should be faithfully, duly, and firmly exe-
. cuted
I Gentlemen, every state imisi have some
; form or regimen of government; in other
I words, it must determine by whom, and under
I what modifications, the sovereign power is to
! be exercised in the country ; for no govern-
! ment can exist, unless this power is placed
somewhere : and the attempt to >ubvert that
; power is, in the nature of the thing, an
; attempt to subvert the established govcm-
! ment. It is of necessity that an attempt of
this ^ort sbiHild hegULinled ag^ain^tf
2491
Jiff High Treaton>
A. D. 1794.
[«50
IrglsUlare In Edward's time proposed, when I
Ihrv - '-'l the liacred staUitc upon tvbkh |
Ijji nt is Ibonded ; that stalute was
iii.iiJw ..>. i.t more precipe definition of this
crime, which, hv the common law^ had not
been «tiftitiently ciilencJfid, and *' the pkin
uuextenilcd letter of il," you will mark the
avoids,** lt>e plain iitiexiended letter of it was
Ihcnigbt to be a suflicieiU prolectiun to the
person and hunoiir of the sovereign'** but not
only to the perhun and honour of the sove-
reign, but ^ an ti(it'<iuate »tturiiy lo (he (awt
t^mmiiUd io his cjiecutinn^*
Gentlemen, in ad<lressing a jury in a court
of law» sworn to make deliverance according
to thai law which constilulcs the court in
which they sit, there arc two propositions,
[ which appear to me to he alike clear : — the
^^bst 15, titat I ought not, that I cannot dare to
^|bl upon you to say, that there has been
P^Stn milled under ttiis statute any oft'ence, if
f the facts of the case to he laid before you, by
plain, manifest, authorized interpretalioa of
the statute, do not constitute an offence
under it; — if the statute should seem to any
man, or to you, not to be a sufficient and
adequate security to the person ami honour
4>f the sovereign^ and the due exectitiou of the
laws, it IS nevertheless all the security wliich
the law has authorized you to ^ive thecn, and
Ood forbid that you should llunk of giving
IDOre» On the other hand, you are bound by
3'our oaths, if this law has been vioUlfd in
•kct* if the fact of violation is proved by
wdenre, convincing in its nature, and j^uch
ni its fono as ttie law requires (for the law in
I this case reqiiires not only convincing* but
furnial evulcnce), then you are hound to give
to the person and honour of the sovereign,
and to the laws iif your country, that prolec-
lion, which a verdict, asserting in substame
that the statute has been violated, would give,
•od wh»ch ihe statute intended should be
given*
Gentlemen, men of honour and of con-
icience, acting under the sanction of the oath
which they have taken, must come to the
saine conclusion, judging of the same fact^,
by the same law, whatever their principles ot
I government may be, unless they differ upon
L the effect of Uie fact* laid liefure them. In the
^.^Sifial of H person, whose name I shall have
r ^«bimdant reason to mention to you in the
^ courts of tins proceeding, I mean the author
of the Uights of Man, charged with a Hbei
Sigarnst the monarchy of the country, il was
judiciously, truly, justly, and strongly ad*
mitted in ettecU that, if the jury had been
composed (if there are twelve such men in
this Country) of re pubiicans, wishing to over-
turn thu govcrruuent of the totTutry, yet
u!. lug the law of Kngland, in a court
rn law, if they were convinced that
Lt had, according to that law, been
' no man would have the audacity
lu .^, ...vt tbcv Ciiuld be capable of that
cfiine <ic;ujnitt tJie pwblir, to think for a
in omen t of not coming to the conclusion,
which the facts called tor, according to the
law by which they were sworn to decide upon
the matter before I hem.*
Gentlemen, the stutuie upon which this
indictment proceeds, is to the following effect t
— il states {and it slates most truly), •* that
divers opinions had been had before this
time,** that is, the 95th Edward 3rd, •* in what
case treason should be sail I, and m what not :
the kmg, at the request of the Lords and of
the Commons, hath made a decbiration in the
manner as hereafter followeth, that is to say,
when a man doth compass or imagine the
death of our lord the king, or ofourlady his
queen, or of their eldest son antl heir; or if a
man do violate ihe king's companion, or the
king's eldest dauc; liter, unmarried, or the wife
of the king's eldest son and heir ; or if a man
do levy war against our lord the king; in hjj
fealm, or be adherent to the king's enemlet
in his realm, givin* to them aid and comfort
in the realm or elsewhere, and thereof ba
provaltly attainted" — by which words 1 under-
stand be attainted by evidence, that clearly
and forcibly satisfies the minds and con-
sciences of those who arc to iry the fact—
** attainted of open deed by people of their
condition,'* — then there is this, to which you
will be bound to give your attention for the
sake of the prisoner, as well as for the sake of
the public, the interests of both being blended
in this great cause ; — ** and because that
many other like cases of treaMin may happen
in lime to come, which a man cannot think
nor derlare at this present time, it is accorded
Ihat^ if any other case, supposed treason^
which is not above specified, dolh happen
before any justices, the justices sliall tarry
without any going to jutlgment uf the treason
till the cause be showed and declared before
the kiuff and his parliament, whether il
ought to he judged treason, or other lelony."
Ucntlemen, I desire to point out here, in
the must marked way in which I tan stale it,
the anxiety, with which the pdrhament
wished to preserve to itself the jiidgnienls of
lrcason% not being ihe specified ireasons in
the staliile, but being like treasons, those
which, by a parity cjfrtii 'tuning r*ii-ht be said
to be treason. They would nut tnist the sub-
jects of the country m the hand of any court
of justice upon that point I mark llie cir-
cum'tauce, because it appears to me to give a
degree of aulhorily to the law of Kngland
upon the Miljet t of trea*ion, and to the con-
slrucliuns, which have been made upon il,
and to the distinctions, which have been made
between like rreason>, and overt aits of the
same treason, that perhaps does not belong
to conj^tructions and di>Unctitms adopted in
the course of judicial proceedings upon aajr
other law in the statute-book.
Gcnikraen, having read the statute to you,
* See Mr. Ersklne*s defence of Paine, Vol*
^^, p. 415 of this Collection.
J
ivr\
35 GEORGE HI.
obviously directed not only to the security of
his natural person, but to the stability of the
^vernment, the life of the prince being so
interwoven with the runstitution of the state
that an attempt to destroy the one is justly
held tu be a rebellious conspiracy against the
other."*
Gentlemen, it will be ray duty to state to
you presently what is in law an attempt
against the life of the king. It seems, there-
fore, that when the ancient law of England,
— 4md I would beg your attention to what
I am now stating to you, — that when
the ancient law ot England was changed,
which, even in the case of a subject, held the
intent to kill homicide, as well as, in the case
of the king, the intent to kill oi' depose, with-
out the fact, where a measure was taken to
effectuate the intent, treason, with a dilfercnce
however as to the nature of the act^( deemed
sufficient, in the one case, or in the other, to
manifest the one or the other intent, that to
use the words of a great and venerable autho-
rity, I mean Mr. Justice Foster, •* it was with
great propriety that the statute of treason
retained the rigour of the law in it? fiill extent
Triid of Th<mas Hardy [S48
should tarnr without gpine to judgment of die
treason, till the cause be snowed and declared
before the king and his parliament ;" — in the
expressive languaec, wnich your ancestor!
have used, when the provisions of the statute
of Edward were first introduced into the code
of law under which we live, and of those
statutes, by which treasons were brought
back to the provisions f;f that statute, tne
experience of your ancestors, thus handed
down to you, has demonstrated this necessity.
I admit too (and my treating the subject thus
in the outset may ultimately save your tioi^
that l>efore the statute was made, upon which
the indictment proceeds, the security of the
subject was not sufficiently provided for. I
admit that security is not sufficiently provided
for now, if construction can be allowed to
give an exposition to the statute, which the
I legislature did not intend it should receive.
I Gentlemen, upon each of these heads it
I was necessary for me to trouble you with
I some, and but with a few observations.
I That the law of treason should be deter-
minate and certain, though clearly necessary
for the security of the subject, is not more
in the case of the king. In the case of him," ' necessary for their security, than that there
says he, '* whose life must nut be endangered, , should be a law of treason, and that this law
because it cannot be tiken away by treasona- I should be faithfully, duly, and firmly exc-
ble practices, without involving a nation in i cuted
blood and' confusion: levelled at him, the
stroke is levelled at the public tranquillity.'* h
Gentlemen, that it may be iully understood
what it is that i havf to contend for in the
course of this trial, I put you in mind a^ain
that I have before stated, that, as it is abso-
lutely necessary to the security of individuals,
not less necessary to the security of individuals,
than it is necessary to the security of the
nation which they compi»se, that the person
and government of the king should be thus
Gentlemen, every state must have some
form or regimen of government; in other
words, it must determine by whom, and under
what modifications, the sovereign power is to
be exercised in the country ; lor no govern-
ment can exist, unless this power is placed
somewhere : and the attempt to subvert that
power is, in the nature of the thing, an
attempt to subvert the established govern-
ment. It is of necessity that an attempt of
this sort should he guarded against, by severer
defended ; on the other hand^ for the security ' penalties than offences, which being hrcach^
of the suhjtit, it is equally necessary that
the crime of high treason should not he inde-
terminate, that It should not he unascertained,
or undefined, cither in the law itself, or in the
construction to be m<ide of that law.
Gentlemen, this necessity is not to be col-
lected merely in this country from reasoning,
though it may obviously enough he collected
from rea'iouing ; the experience of your ances-
tors has informed you, I admit it,' and I beg
to prc>s it upoii your attenUon, as much as
any man in this court can press it upon your
attention, the experience of your ancestors
has informed you, in the ju«t and hitter com-
plaints which are to be found in their annals,
of the periods, in which no man knew how
he ought to l)ehave himself, to do, speak, or
say, lor d<»uht of pains of treason, — in the
of parti( ular laws, do not endanger the very
existence of the slate itself, which do not
involve, in the dc«»truction of the state, the
destruction of all laws, hut which leave the
law, though violated in particular cases, .suffi-
cient, in general cases, for the protection of
the personal security, th.e liberty, and happi-
ness of the subject.
Gentlemen, this is also the reasoning of
that great judge, whose name I before men-
tioned to you, my lord Hale : — " The ercat-
ncss of the offence," he says, " and the
severity of the punishment, is upon these
reasons: — First, l)ecause the safety, peace,
and tranquillity of the kingdom is higlily con-
cerned in the safety and preservation of the
person, dignity, and government of the king,
and therefore the laws of the kingdom have
anxiety with whii h the statute of Edward 8nJ | given all possible security to the kiug*s person
reserved the judgment of all treasons not i and government, and under the severest
there expressly specified—** that the justices penalties.'**
Gentlemen, to describe this great ofience
* See Vol. 91, p. 589 of this Collection,
t Sec Foster's Crown Law, discourse 1,
chap. 1; sec. 9, p. 194, 195, ed. of 1799.
with precision and accuracy, was what the
* Hale's PleasoftheCrowDy part 1, chap. 10.
for High Treaum*
Ir^ildliire roposwj, when |
lijtjrr.*:' iie upon vvljtch i
thid ( is touiitieii i tliHt statute was
iMidc -re prrn!»e c)c6iiiUon of Ihta
whicii, ty the coincTum Uw, had not
•i^i'flittrnMv ixlcfstit'dj dnd ** the plain
uer or it," you will ruark the
iin uncxtei>dcd letter of it was
;^. surticifMl proleclion to the
air ot Ihe sovereign;" but not
o M.L yH.rsjuu and honour of the sovc-
l>Ot " un iieirtfytitc tfCurity to the iamt
mg ft jury in a court
, 'Jtliverancc according
Umi tAW wbicki eon&titutes the court in
^*ich tScy ait, tlierc are two propositions,
nemr to me to ht alike clear : — the
il I ought not, thai I cannot dure to
UjM>» you to my, timt there has been
R»fnilt«d under this statute any offejicc, if
i fcu of the case to be laid before you, by
rnanitejit, authorised inlerpreution of
tfaittiir^^ do not conritilute an oftence
it; — if the statute should seem to any
!, DC lo you, not to be a sufficient and
[tiAte Security to the person and liouour
.*..^....,., .^,,c| I he due execution of the
II the security which
t i . ,uu lo give them, and
11 should tn ink of giving
' r hand, you are hound by
this law has been violatrd in
ft Iff violation h proved by
:ig in its nature^ and >ucli
i.v requires (for the law in
not only convirjcing, but
jen you are hound ty give
honour of the toveretgn,
s uur country* that prolec-
V - ^ ' tancc
' Jive,
A. D. iim.
[250
tCfl,
I mpn nf Honour and of con-
' ianction of the oath
1, must come to the
ig of the same fact*,
v'er their principles of
^% unle»'4 Ihev differ upon
Inlaid be^nre tliem. In the
uu, whose name I th;iJl have
nfi in men t if in to you in the
II ihe author
' ith a libel
. i\ ni III*' ii'untry, it wa«i
juilly, and strongly ad-
.» * it,^ ...*y jj^^j ^J^^„
« h men in
' lo over-
, yet
court
1 thjt
, been
ni have tlie audacity
i be capable of that
a^^Ail tilt public, to think fi^r ai
moiwent of not coming to the eonclusion.
winch the facts called for, accor<ling; lo the
law by which they were sworn to decide upon
the matter before Miemi*
Gentlemen, the statute tjpon which tbis
indictment proceeds, is to the foliowujg cflcct i
— it states (and it slates most truly ),^ •* that
divers opinions had been had before this
time,** that is, the ?5th Edward $r6, ♦♦ in what
case treason should be sai<)^ &nd in what not t
the king, at the request of the Lords and of
the Commons, hath made a declarulion in the
manner as hereafter followeth, that is to say,
wben a man doth compass ur imagine the
death of our lord the king, or of our Udy his
queen, or of their eldest son and heir ; or if a
man do violate the king's companion, or the
king*s eldest daughter^ unmarried, or the wife
of the king's eldest son and heir ; or if a mtJi
do levy war against our lord the kin^ in hb
realm, or be adherent to t!ie king^s enemies
in his realm, giving to them aid aud comfort
in the realm or cbewhere, and thereof bd
provahly attainted'' — by which words I under-
stand be attainted by evidence, that clearly
and forcibly satisfies the minds and con-
sciences of those who are to try the fact— .
** attainted of open deed by people of their
condition,'*— then there is this, to which you
wiU be bound to give your attention for the
fake of the prisoner, as well as for the sake of
the public, the interests of both being blendod
in this great cause ; — ** and because tliat
many other Itkc cases of tr€a*<m may happen
in time to come, which a man cannot tWk
Ti*ft derlare at this present time, it is accorded
that, if any other case, supposed treason,
which is not above specified, doth happen
before any justices, the justices shall tarry
without any goiug to judgment of the treason
till the cause be showcil and declared before
the king and his parhkiment, whether ii
ought to ne judged treason, ur other felony,"
Uerntlemen, I desire to pt>ini ooi here, in
the most marked way in which I i an state it,
the anxiety, with which the parliament
wihhed to preserve to itself the judgments Oi
treasons, not being the sppcified treasons in
the siaiule, hut being like treasons, those
w^hiclu l»y a purity of nasomiig miiiht be said
to he treason. They would nut trust the lub-
ject'iof the coiuury in the hand of any court
of justice upon that point 1 mark tlie cir-
ctimstauce, because it appears to me lo give a
degree of authority lo the law of England
upon the subjecl of treason, and to the con-
structions, which have been made upon it,
and to the di^stlnctions, which have l^een made
between like treason^, ;ind overt acts of the
sam** Irrnson, that perh-p'- d^rs not belong
to constructions and i adopted in
the course t*l juduial , igs upon any
other law in the statute-book.
Gcntlcmeup having read the statute to you,
^ See Mr. Et^klne*d defence of FwOy VoL
d2, p. 413 of thiA CoUecUoo.
it it not unimportant^ as it seems to me, to
observe thtt Igrd little and Mr. Justice Foster,
who have itatcd the judidaJ and other cxpo-
iitionsofthis stjitute^ have stated tbeoi^ and
have eipoundcd the itatute, under the
weighty caution, which lliey roost powerfully
express ; under the solemn protests, which
tl^ey most fitrongly state, against extending
' is statute by n parity of reason. This cir-
imstance alone appears to me to give infi-
te authenticity to the expositions, which
_jey state of it, as sound, and as being such
AS, according to the interpretition, which the
legislature m Edward 3rd's time meant,
should be put upon this statute.
Gentlemen^ I think it may also save your
time, and that of the Court, if I trouble you
here by reading, before I state to you the ex-
positions of the statute which lord Hale has
giTen us, deducing them from judgments
which had been actually made in the history
of the country, the language which he holds,
as describiujg tbe obligations, which courts of
justice, ana men lookmg at this statute for
the purpose uf executing it, are under, to con-
itrue it according to the real specified mean*
ing, not by a parity of construction as to the
treason itself, when they came to construe it.
Lord Hale states it thus : — ** Although the
crime of high treason is the greatest crime
against faith^ duty, and human society, and
brings with it the greatest and most fatal
dangers to the government, peace, and happi-
ness of a kLngck>m or state, and therefore is
deservedly branded with the highest igno-
miny, and subjected to the greatest penalties
tliat the law can inflict, yet by these instances''
—he is stating those that had occurred before
the statute of Edward 3rd and between that
and the first of Henry 4lh — " yet by these in-
stances, and more of this kind that might be
given, it appears — firsts how necessary it was
that there should be some fixed antl settled
boundary for lids great crime of treason, and
of what great importance tbe statute of the
25th of Edward 3rd. was in order to that
end; secondly, how dangerous it is to depart
from the letter of that sULute, and to multipfy
and enhance crimes into treason by ambigu-
ous and general words^ — oj accroaching af
royal power, tubverting of JundamaHal taut,
and tne like; and thirdly, how dangerous it
IS by construction and analogy to make trea-
sons» where the letter of the law has not done
il^ for such a method admits of no hmits or
bounds, but runs as far as the wit and inven-
tion of accusers, and the odiousness and de-
testation of persons accused, will carry
men/'*
In another passage, afler having given his
eomment upon this statute — oiler bavin «;
italcd what are the overt acts, which fall
within tliu letter of it, and the sound inter-
pretation of it, he says, " It has been tbe
Conclusion of chapter
"> Pleas of the Crown,
II, part 1^ of
c^eat wisdom and care of the parliament to
keep judges within the bounds and express
limits ot this act, and not to suffer them to
run out upon their own opinions into con-
structive treasons, tliough in cases that seem
to have a parity of reason (tike taut ofUt^
ton), but reserves them to the decision of par-
liament This is a great security as well as
direction to judges, and a great safeguard even
to this sacred act itself; and therefore, as be-
fore I observed, in the chapter of levying
of war, this clause of the statute leaves a
weighty memento for jtidges to be careful
that they be not over-hasty in letting in con-
structive or interpretative treasons, not within
the letter of the law, at least in such new
cases as have not been formerly expressly re-
solved, and settled by more than one preoe-
dent." *
Gentlemen of the jury, I am persuaded, as
those were persuaded who conn uc ted the de-
fence of lord George Gordon, that we live in
days, in which the mdges of the country nei-
ther have the inclination nor the courage to
stretch the law beyond its limits* I mink
myself bound to state that; and those, who
dare to slate the contrary in any place, do not
do the justice to the country, which is due
from every individual in it.
Gentlemen, having stated thus much ta j
you, I now state, in order to be perfectly un
derstood, that I do most distinctly disavoi
making any charge of comimctivt treason j
that I do most distinctly disavow stating *
this indictment an^ Itke cam of trcaton no
specified in the statute ; that I do most dii
tmctly disavow stating any thing that can be
called cumulative treason or anaiogout treason ;
that I do most distinctly disavow enhancin
anif thing, 6y a parity of reason^ into treatoi
which i* fiot spectfted in that statute ; that I do"
most distinctly disavow enhancing crimes ^
any kind, or a life tpent in crimet^ if you
choose su to put it, into treason, if it be not
treason specified in the ttaiute ; and the <^ues-
tion between us I state distinctly to he tins —
Whether the defendant is guilty of a treason
tfecifitd in the ttatuie, and whether the evi-
oence that is to be brought before you amounts
to that proof, that will be satisfactory to your
minds and consciences, your minds and con-
sciences being prepared to admit no proof»
but what you thmk you ousht to receive
under the obligation o? an oatli, j ' " h
enough thai he may be ^* provabl.. 1
of open deed,'* of a treason specthea m tne
statute.
Then, gentlemen, to state the charge to
you :— The indictment charges the defendant
with compassing and imagining the king's
death, and witli having taken measures 10
effectuate that LMiruoi-cr^ Now, that it may 1
thoroughly un ,i>u will permit me 1
state to you hr i i >crc is not only a i _
nifest distinctiou m reasoUi but a settled, dia*
• Ilale*s Pleas of tbe Crown, part ]| cb. t^.
Jhr High Treason,
§00 in tlie course of judicial practice, set'
1 for tio other cause but that it was a ma-
st dbttactioQ id reason, between—*' like
CttOi of treason/' constructive, analogous^ or
«miiitive treaaons, and various overt acts
•f Ifae ttcne treason.
Gmtieniieay whether the acts laid as overt
I of treafiOQ, specified in the statute, ami
in the indictment, amount, in all
iblrcircunistances, to an open deed, or deeds
W which a person may be provably attainted
01 the specined treason^ is the question which
are to try* To explain myself upon
'l take it to be clear, and I wiU not, in
igQ of the business at least, ejitcr into
■MtftNou of what I call the clear and
I law of England, because I will not
of high treason, any more thi&D I
t in a dispute about the estate of any
I who hears me, for the purpose of
|MM| |M>tnts enter into discussions upon
■I 1 Ukc to be the clear and €stLib]i<^hed
f ikf England; and not only the security of
i iuhjcct in this respect cannot, but the sc-
r of the subject in no respect, in his ^ttv-
lilr, <^>r his property, can be taken to
•liil iiiitry, if I am not as fully au-
I^Mlit' i^ to you, with a3 much confi-
4nC9t what the law is, incase of treason, from
\ deci*'ions, which for centuries have been
" ! in courts respecting il^ as [ am to state
M, ff^im decision:* of courts respecting
~|lopeTty, what the law of property is. I say,
1 Me it to be clear that deposing the king,
tTttTl**|^ bt4} measures fur deposing the king»
iai>lfin^ with foreigners and others to in- !
rlbc fcT ' 'nlno; to a foreign country
not" the kingdom, or pro- |
J Ui i^v ti.tic 10 that end, and taking I
'•lejl io ortler llierctu— conspiring to raise
ection, either to dethrone the king, 1
the king, or oblige hmi to lUter h\%
le^ ofL-ovKruinent^ or to compel him to
lurs from him, are, and
^ Mr. Justice Foster says,
\ ik^il 111 mtent to do that trea>
, whicli ued in the statute to be
t «c1a ul tiCii^ii in compassing the k ing's
: Jinary if these great
Her holding the Ian-
> ere to be rcpresenl-
tiag themsclve.s un-
" ' r that weighty
I to those who
ilofjud|;mrnt:
J the words in
have handed
lite, who would
I i4h vahied the
rUt«Mi iUur iouulry, b^-lorc they would
ebar^fnl**!* Itkf» rase of Ircuwiti** in an
diclfliri,! , have concurred (^s
I the jii< I have done, and the
' Iruc-
^ fact
I lia> c ut;^il utjiiju
y^^K
uuit all
A. b. 1794, [25*
these things are overt acts of the same IriBa-
soUy that is specified in the statute. What is
the reason of it? because the law holds that
he, who does an act, meaning to do it, which
may endanger the kin^^'s life, compasses and
imagines the death of the king, if he does ao
act which may endanger his hie, if in the or-
dinary course of things^ and according to the
common experience of mankind, the measure
which he takes, in pursuance of a purpose to
take it, will bring the king to his grave.
This therefore is not raising constmctive
treason, it is not raising treason by analogy,
it is not stating *' like cases of treason^* not
specified in, but reserved by the statute to I
judgment of parliament^ but it is stating ov4
acts, which are measures taken in pursuant
of treasonable purposes, which measures
must necessardy be as various in their kinds,
as the ways and means, by which, in facta
and open decd^, taken in pursuance of its
purposes, the human heart manifests its in-
tent to commit some one or other of the trea-
sons speci&ed in the statute.
Gentlemen, the reserving clause in the act
is extremely material; and, if courts and Ju-
ries have done wrong in the manner in which
they have executed this statute, if the inter-
pretations, which they have made of the sta-
tute, arc not right, they have done it against
a prohibition in the statute, which they were
called upon by their oaths duly to eirpound,
and they have done it in the presence and
under the eye of that parliament, which had
expressly forbidden them to do it* I say the
conclusion upon that i», tiiat they have done
it rightly.
Gentlemen, the judgments of the courts of
law are in this country perfectly familiar to
parliament. Acts have been made, over and
over again, in order to bring back the cxpo«i-
tions of the law to the true construction, to
the letter, which is the true construction, in a
sound judicial sense, to bring it back again
to the statute of Edward lird ; but we have
lived to this hour without parliament tliink-
iog that they were to make so perfectly a dead
letter of the'letter of the statute, as that they
should say that an overt act, which expressed
and imported the imagination of the mirul to
do tlie treason specified, should not be taken
to be an act of high treason witiiin the sta-
tute ; because the statute only mentions the
thing which is to be compassed and imagined,
and does not mention the ways and meanS|
by which the human heart may show and
manifest that it does compass and imagine
what the statute speaks of.
Grnticmen, this is not all, because this is
not only according to the law of England, a^
it is administered m covirts of justice, but als<)
to the proceedings in parliament, which are a
parliamenlary exposition, if I may so slate il,
of the law. Proceedings iu parfiament fjavt
been had, where the sFatutc has been thus
construed, and where this disUnctton tliat I
ans stating between overt acts of the specified
not
ree '
,,a^i_
treason and Ihe " like cases of treason,' * has
been expressly take o, exprc««ily sictetl upon,
proposed liy one huiKe uf the i " lo
tlie other hun?***, m\t\ ruled upon ava
IQ eiccuiing llie «*entciitea ut ttiat hr-m^c.
Genllemea^ the disiinr.liori then is only ihia
•-" a hke case of trP4Vj»>*' is a case of treason
not spectiied \n the ?tt»lutc, a <;tseof the like
luiscriiel. as a CK?,e i^pecilicd in the stnlnte;
but the identicdl case specified in the .statute
must be before yon, or, to avoid all dispute
upon the subject, I say, if it be a case thnt is
not specififid in the statute, it ii> a ca^c that
must be shown to parliament acxording to the
directions of the statule ; but that facts alike
isi their nature^ that open deedt^ alike in their
nature and tendency, however various in their
circumstances^ muy prove the same intention
to exist in the minds of those who do them,
;ADd muy l^ measures, taken in pursuance of
the same purpose, and to effectuate the same
thing, )s a distmclion that appears to my mind
to be perieclly obvious.
Gcntktnen, 1 conceive, therefore, that the
Question of compassing the king^s death is
tiiis — ^wh ether ihc jury are fully satisikJ,
eonscicntiwisiy satisfied, that they have tliat
evidence, by which they find that the acts,
laid as overt acta of compassing the parti-
cular specified treason mentioned in the in-
dicUnent, were measures taken in pursuance
t^f and to effectuate that treason, specified at
once in the sitatute and in the indictment.
Gentlemen, I protest for myself I am sorry
to trouble you thus much at large by general
reasoning, but you will find Uiat it has an
applicatiiin, and a close application, to the
ease. This is an important public cause, and
there/orc we should be thoroughly understood.
I cannot understand what cmifiiruclive overt
acts mean, though T do understand constructive
treasons. Levying war agaiost the king, not
aeaiuht hi^ pprson, but against liis royal majes-
iclive treason; thatis,ifmenassem-
l i-r without any intent to do an act,
which in the natural consequence of things
will affect the king's life, such as pulling down
all prison* or houses of any other description,
that is constructive treason^ it being, by con-
struction, as Mr. Justice Foster says, against
the king*s royal majesty, not levied against
his person : not one ^d the acts of a more fla-
Sitious kind, wilfully done or attempted to be
one, by which the kin;z*s life may te in dan-
ger, but which are levelled agiiinst his royal
majesty; these have by construction been
Ik- Id to bt* trcASon ; but fiven these the legis-
lature h^iN ncvr r considered as not authoriied
I
; these they have
i" ' ' '
1 upon in the coun-
uy &(> soMM
r-. and constructions upon
lh<* set fvt 1
; many h:iv<» hfen r«»n-
Y |, i, ,:
,i; execution i' cd ;
^
ii mer dnuUed law
t>
niitiUUS, But,
w
of compa%m$:
the indictment laYS the imagining andcom^
pasting a"* the oltence, the overt act is not
constructive, the ^tep taken to effectuat'e it
must be such an act, wiHully and deliberately
done, as must satisfy the con*>cien< , V
that there was an intention* by il
otherwise, to put the kin - - c&, ui
which, accordmp to the riencc
of mankind, his life wouUi ir
Gentlemen, I have before i u^ for
another jinmovr vNTtiiii* urfv ^^, ^^ uvert
act^ of t« ^h. I wifj
repeat iLi ^ , ; him, — en-
tering into measures to depose huu; — consplr^
ing to imprison him,**— which you obfcrve ia
au act that may be done without an actu^ ia«-
tent to put him to death,— a man may con*
spire to imprison the king without an actual
intent to put him to death, but you will fund
the reason why that is held to bo compassing
and imagining the death of th« ktng, witn
the sanction of all times since this statute of
Edward 3rd, and with the sanction of every
species ofjudiciai authority, which the coun-
try could give; ** to get his person into the
power of conspirators." — Why is all this Xresr-
sou } *^ Uecausc," says Mr. JusUcc Foster,
^* the care, which the law bath taken for the
personal s^afcty of the king, is not confined to
actions or attempts of a more lUgitious ktnd,
«uch ai attempts either to assassinate, nr lo
poison, or other attempts, directly and imme-
diately aiming at his life; it is extended to
every thing, wilfully and deliberately done, or
attempted, whereby his life may be endan*
irered ; and therefore tlio entering inlu mea-
sures for ' I or imprisoning him, or to
get his [ the power of the conspi-
rators,— tiitL>c uiiciiccs are overt acts of trea-
son within this br&flch of the statute; for ex-
perience hath shown that between the prisons
and tht! graves of princes the distince is very
small,"* and ei peri euce has not grown wca"
upon thia subject in modern times; offem
which are not so personal as those &lre
mentioned, have been, with great proprie
brought within the same rule, as having
tendency, though not so immediate, to the
same fatal end.
Lord Hale, upon i" ^' r
conspiracy be not :
' , ' "' ' ui MIC K'ai^', tJll^ 111',;
ng that in all p-i.hi
risons
kiKi iiiugiuiiig uic UL-aui u( ine kin^ whcic
such
ElCtlC
a thm^ as mr
> prove tlic com jt...
instance he gives,
is this ; ** If men
tinj: by force and a
\irlikd to ccttain ''
& dc<iUi.
amo ia ui
' t
Tlie
tc\t,
thel
hath
pufi
U n.
king
thes
i.e
'I
iLrentinllie
* Foster's Crown L»w»i dboomaa 1> chip.
1.«cct. 9.
Jhr High Treason*
Vich has been assigned
r: •* for it is m ctfccl to
"dtL^jM^ uim ol hts kingly jjuvcriimenl/**
Thttr arc the words of JortJ Hafe ; mu} ilioticli
1 ' 1 ird Hale iind Mi,
t in words, tliey are
lL V be said, with
; a king of his
the
, >the
all Judi-
th; *tt is
<iy^ litauiHe il i!» a tempo-
'jt his kingly government,
r^io this inter i>reLation of the
• s m dciith.
<es not so personal as
I wiihin Ihe s^ime rule,
lency to llie same fatal end:
«o1 ill war with you^ the of-
'' " ^ r - , ounir)\ or pro*
[ ny step thereto
1 ^ i.^.^.i^..v.. , into tliis king-
I uablc purpose, can only fall
^ irVi i»r Treason of compassing
* lie at war with you,
t t.s to another species
o( tz9saoity which is an ** adhering to the
bog's rtremici f* and perhaps you will find
tet I I have to slate is not withoyt
peon . . J ce of this species of overt act.
<Spuilt.ni<:n, having staled thus much to
jgw, I proceed now to consider the indict-
Btftti; lu^ what 1 have stated, before I men*
tMned ihs sub&tance of the indictment, I
liars itelcd to by in my ckim to full credit
with yqa, when I aay, that no man Jiving
eu with to express to you more strongly
UiiQ t wifth to do (we have indeed, each of
111^ ^ ,-r. %♦ nn ititfTe«t HI the truc construc-
boci I- : . as any other man can have
mil)* Uw of treason, in consider-
ing tba charge, that I have brought before
foa aukr the command that has authorized
wm tP hm$ tl here, must not be extended one
ittllr if^ttj beyond \rhnt is the cslabUshed
law u tied as the law
Ut V ny that you
hmtg^i \ t ^ ou taay j^ive to whom you
CScwii*! ' ijent, finding several
MfMifMlMJ ; separately, though
wdittr^* - 1 particular act,
^tMtij , has tliarged
f^it^ iind
•li - : .,. vn to
veil act to mii^
with jiMcling
inl a
-ft to
Wbt; n]y a
A. D. HM*
[258
hut to be held ft and in or^cr that the
persons to be at tuch convttttion and
meeting should and mighty wickedly ttnd (rai^
torotnli^, without and in drfiancc of" the fiutho'
rit^^ and (tgaimt the »»// qf Ihe parliament of
(hi* Hn^dofft^ f^ulroett itnd niter the (egtdature^
r«/f, and gtrrcrn/nrnt estahlisfifd in tt, and 4€*
pose the king from (he rnyal itatef titles power ^
and gmurnrntnt thereof*
It then charges ihtin with having com-
posedf written, and published, and caused to
be composed, written, an<l pubhshed, divers
books, pamphlets, letters, instructions, reso-
lutions, orders, dccbralions, addrest^es and
writings, such hooks, pamphlclSj letters, in-
structions, res43lutions, orders, declarations, ad-
dresses and writings, so respectively composed,
written, published, and caused to be composed^
written, and publis^hcil, purporlins; and contain-
ing therein (among other things) incitements,
encouragements, and exhortations, to move,
induce* and persuade the subjects of Itjc king
to choose, depute, and j^end personi*^, as dele-
gates, to compo*^c, not a convention, but
stCH a convention and raceling, that is^ a
convention to ad in the manner that the first
ot>€H act hat stated i/, to be holdtn/or the f rai-
ioroui purpoics before mentioned.
It then Estates,' as a thud overt act, consul-
lations among them, how, when, and where,
tuch convention and meeting should be as-
sembled and held, and by what means the
subjects of the king might be induced and
moved to send persons as delegates to con-
stitute it.
Il then charges, that these persons did con*
sent and agree, that Mr. Joyce and several
other persons named, shojibf meet, confer,
and cO'Operate among themselves and with
other traitors, to cause the cahin|j( and assem-
bling such convention and meeting for suck
traitorous purposes.
It then charges the providing of arms, of
different descriptions, fur the^e purposes ; and
then it charges a conspiracy lo make war in tho
kingdom, and it charges a con spuacy to subvert
ana alter the legislature and government of
the kingdom, and to depose the king t that
is, as I understand it, that, if you should not
be satisfied that the calling such a convention,
as is mentioned in the first part of the indict-
mcntt was a mean to effectuate that com-
passing and imagination y which is mentioned
in the introduciury p;krt of the indictment.
Yet vou will find in the cvidenct*, whiclj is to
be laid before you, even if you pay no atten-
tion lo that circumstiiicc of callinL; a conven-
tion, sufficient evidence of a conf^jiruci/ to de-
pute the king.
It fhrn states acr^in, that they pyblished
K'v r in Alters of the sara«
kiii . about the traitorous
J>urpo^LS la^i mcht^ntd ; and citargcs, as a
arthrr overt act, provuliug arms for thai
purpose.
Now, gentiemen, havjim before stated to
you, thai a conspiracy ladcpojetheking,—
;>
259]
35 GEORGE III.
Trial of Thonat Hardy
[S60
ami I have not slated it to you in my owii
vortl'^, but ill the words of the authorities I
nicnlioiu;*!, — ihsit a ronvpiracy to depose the
kiiiLs thiit II < oiispiracy to imprison tlie iiiiip,
a Ciiiisjiiriuy to procure an invu.tion, witli
steps tiikcM \ii eHcctuale fucIi a conspiracy (a
coiii-pi-.u> iinitrd itncirij«:iiig a step for tliat
piirpo^'f J, is lie.ison ; yoii will observe that
in thi.-s iii(ii( tnicnt, a conspiracy to depose the
king i> t.yprr&^ly charged, and, 1 think, it
will hf. (Unrly proved. If a conspiracy todc-
pobC the kini; he an overt act of hiiih treason,
permit me th.vu t^o a^^k yon, what can a conspi-
racy to suIjnmI I ill; moiianliv of llir country,
incliidiiii: hi it tli« dcpo^ilh^n (jf the kinu% he,
but an overt .ut c,f liiLli tna^on r In the (»b-
jcct of such a con-pir.u y the kinj; is nece*»'*a-
rily involved, and it i- already shown ih.it
conspiiin:! to depo>je him is compassing his
death.
Cientlemcn, read as yon are in the history
of the countrv, i-ive \uv. I»a\«- lo ask you, \(
measures had been taktn, aii<T the* devolu-
tion, to cfli-ctuate a con>pir;icy to dethrone
kinj; WiJIiiini, and to reMore king James
^'itliout all donht, the measure taken, would
Iiave constituted the crime of liij;h treason
ivithin the clause of compassing the kinj^V
death, althoui^h the conspirator^ could have
been shown satisfurtorily to have no more
meant the actual nutural death of kin;;
AVilliam, than they mrant the actual natural
death of king .hnnes, whom they intended to
replace upon the throne— but what says the
law to that ;- the law ^ays you cannot mean
to depos«; the king without meaning to en-
danger his lili-, and if you mean to endanuer
his life you nni-jl abide theconsetpnnces ot^^it.
Tut it another way — If the project had
been to depose tlie same king William, and
measure*^ had been tuken nj)on it — not with a
view lo brintr back to the throne king James
2d, but incniy to send back king William to
his former ch.irartcr of I'rince of Orange, and
not In reslnrf king James, but to restore a
connnonwcdth, wliich is what, I think I
sliall sili'-fv you, tho>e, who are charged by
this iniliitnunl, meant by ** a full and fair
repreH'nl.'.li.)n ol the p.euple," whether you
call it *• a lull and fair repre.-entalion of the
people in parliament," or do nuL u^e the words
" in jiarlrnnent," can a lawyer be found to
say, that it (oiild be stated in law, that it is
not hiuli trea-on? I do not know what may
not be >X'aU d- all that I mean to say at pre-
sent is that a(C(»rding to the be>t lights
"which I can L:rt of the law under which 1 have
lived, it doc." not :.pj»ear to me lo be probable,
that any man will so state it. I'ar be it from
me, how<-v(T, to have the vanity to say that
(avowiuLT that 1 should certainly not think of
encountering the curn'nt authoiilies of the
country for centuries) I am, without the pos-
sibUity of contnuliction, slating that I am
following the authorities of the' countrv for
centuries ; l)ut 1 am ready to sav this, tnat I
cannot conceive or imagine b)[ what species of
wiling, or upon wEat priucipic, or upon
what authority, il is to be contended, that
this would not have been high treason.
Gtntfemcn, take \\ another -wa^f— if the
regicides of kinc Charles 1st had been tried
for compassing the death of king Charles IsL
supposing they had only deposeahim, instead
of putting him to dcatii, could they have
contended, that though they would have bees*
guilty of high treason if they had placed an-
other individual upon the tlirone (which would
have been alike to the case I have put, of
( ons|)iring to put James in the place of WU-
liani), coidd they have contended then, that
they were not guilty of high tieason, because
iIkv deposed the king without substituting an-
other king in his place; and because they left
the government to be tilled up by the common-
wealth, without a king ?
(.Ii\e me leave lo ask another thing — sup-
pose it had happened after king William came
to the throne, that not lluise events, which
did adually happen, took place, but that any
set of men in tliis country should have ven-
tured to meet in a convention of delegates
from iithliated soci'-ties, tor the purpose of
deposinij king William, under pretence of
as>embhng a convention of the people, having,
or claiming the civil and political authority of
the country, and intending to have no kingm
the country, would it have been possible in
king William's time lo have contended, be-
cause they met, under pretence of being a
convention of the people, assuming to them-
selves civil and political authorily, and with
such meaning, that the conspiracy was not
a* completely a compassing the death of
king William, as if tlie conspiracy had been, by
the same persons, in the case of afhliated soci-
eties, forming the like convention of delcMtcs,
to bring king James again to the throne?
If I levy war hi this country against the
khig, with intent to bring another upon the
throne, I am guilty of high treason. If 1 levy
war, that is an overt act of compassing the
king's death. If f conspire to levy direct war
that is a compassing ot the kin<^\s death, ui^
less all the branches of the legislature have
put a man to death upon an error. If I hold
a fortress * against the king lo put another
* " Holding a castle or fort against the
king or his tri»ops," says Mr. Kast, ** if actual
force be used in order to keep possession, is
levying war, but a bare detainer, as suppose^
by shutting the gates against the King or his
tro<jps, without any other force from within,
lord Hale conceiveth, (says Mr. Justice
I'oster), will not amount to treason. The last-
mentioned judge has not told us what degree
of approbation he gives to this instance of a
detainer, which, as he says, lord Hale con*
ceives not to be within the statute.
f To these words I find the following note
by Mr. Hargrave, in his copy of £ast*s P.C.
now in the libraiy of the British Museum:
■* Note, that the supposed case conies fiom
Fosleri not from Uale,''
961]
Jw High Treason.
A. D. 179k
[262
upon his throne, I am guilty of high treason.
Am I guilty of noofi'eucc if £ do the &ainc acts
not forthejpurpose of continuing the monarchy
of the country in another person, but for -the
purpose of destroying the monarchy altoge-
ther? What is this but doing an act mvolving
in it high treason, and more? High treason
in deposing the king! more — in bringing
about all that additional anarchy, which we
knoWy which the experience of mankind
proves to be consequent upon the cliange,
where the change is not only of the persons
vho administer the government, but of tlic
government itself, if destruction can be called
Gentlemen, to assert thercrore that mea-
sures, taken for a total subversion of the mo-
narchy of the country, including in it an in-
teation to depose the king (mark the words, I
state, including in it an intentioji to de^tose
** It may be fairly questioned, whether
there be not many instances of constructive
levying of war far short of the real guilt and
consequences of such an act, and much less
within the true meaning ofthestat. 25 Kd.
Srd? Lord Hale prefaces the passage in question
thus: If B. either Jortifj/ his awn h(tuse, or
the house of another^ with weapons thfcnsive
or intasite, purposely to make head against
the king, and to secure himself against the
king's regal army or forces^ then that is a
^trying rf tear againU the kin^. He then
iTOcecds. But the bare detaining of the
king's castles or ships seems no Ictying of
rcr tcitkin this statute, Ath\ his lordship
refers to a subsequent part of his work, where
he grounds his reasoning solely^ on the stat.
U fjiz. c. 1. having enacted the same thing§
during the queen's life. This, if it stood,
alone would not be a concUinivc argument, as
might be proved by many lyassage**, as well
the kin!:\ are not overt acts of cninpassing
the kinj;'s death, merely benni^'C llw >talntc
of Kdward 3rd, lias liot included all overt
acts in words, but as left to juries todctnrniine
what are overt acts, by which they (an proba-
bly attaint — to assert iliat the bUilute does not
include the case, because it ir; coin passing the
deatli of the king, «//(/ wore; iftliis were to
be asserted in a court of justice (what is as-
serted out of a court of justice no man pays
much attention to), 1 should certainly say of
it, that it was the assertion of those who had
ill considered the law; and if ass(.Ttcd out of
a court Oi' justice, and with a reterence to what
is to be done in a court of justice, I should
say it deserved to have an observation of a
harsher kind made upon it.
This indictment, besides charging a conspi-
racy to depose the king, in express terms, of
which I shall insist betore you there is abun-
dant evidence, charges a conspiracy to cull a
himself, with the same intent? lur the man-
ner of pulling the first case suj>poscs that no
resistance has been actually made. f)n the
contrary, is not the latter case, put by lord
Hale, as much at least within the na^on and
contemplation of the stat. 'io Ed. 3rd, as the
former one ? Is not the art of ibrtifying a
private house, which may happen from caprice
of a more equivocal nature in it^^elf than that
of a governor of a fortress refusing to deliver
it up to the king upon his sununons, and
shutting the gates against him. A<imilting,
that this latter is not conclusive evidence of a
traitorous intent any more than the otiicr;
yet surely it seems sutlicicnt to Ic.ivc to a
jury. Jt is holding a castle af^mnst the
king, which is as much an act tjf hostility,
and a throwing oft' of the allegi luee due to
of the ordinary preparali*.ns of
hiin, as any
-..g... .^^ , J J , -a-, - war are admitted to fall within the distription
fts by the express declaration of the same of levyiiig war, though no act of lor'C has
author. I5csides which, that statute was cer- been in fact exerted. In the caj»e of I'lc earl
tainly creative of new treason; lor it makes
iht wilful and malicious burnmgof the queen's
ships treason, without any farther mialifica-
tioo. But, most of ail, I fmd it dimcult to
reconcile this opinion with the preceding part
fS the passage which I have referred to; for,
supposing a treasonable intent to exi'^t, what
.^uiid distmction can there be belweena man'b
fortitying his own or anotlicr's house, pur-
posely to make head against the king, and to
secure himself aguin>t the regal Ibrces
{which is admitted to be an overt act of levy-
ing war), and the ca^^e of one who detains the
posrcssion of the kiii::*s own fortress against
i " I do not so understand lord Hale.'*
llarerave, ut sup.
5 ** Not quite so ; I apprehend lord Hale
j>uis the case of a hare detaining ; the sta-
tute that of a c2e/ainin^' maliciously or rebclli-
'Tvfy with force f and not rendering the same
KkAm six days qfier proclamation,'^ Har-
graTc.iUiifp.
of Essex, it is even said, that keeping armed
men against the king's command is a levying
of war against him (but this mu^^l be uiider-
stoofl, that the purpose for which thcv were
armed was treasonable), whicli is a far less
deci'-ive act of opposition than the ot'ser, nnd
lord Hale himself, speaking; in .mother ]>huc
of the stat '20. II. c 13, say-, th it iliat p..rt of
it whereby tiie rebellious det.iiuin^ uf the
kin;5'scastic*«, al'ter summons by proclamation
is made hiij;li treason, seems to be l^^l^nn
within the slat. •^.'), Kd. :{rd ; and both lord
Hale and Toster, J. agree, thai if the bare de-
tainer be done in cnntederacy with enesnios or
rebel', that cireumstanee will niuKt ittrea>on,
in the one case under the clause oi a«lhering
to the kinz'*^ enemies, in the other iiiuKr that
of Icvyini; war. The same rule applies to the
delivery up of a ca**tle to rebels or enemies,
by treachery, and in combination with ihem ;
but not if it happened through cowardice or
imprudence." 1 East's Tlcas of the Crown
ch. 3, s. 14.
SS GEORGE IIL
leonvention againit the wilL in dijiance nf^ and
^mnsiihe authority of parliafmnt^ for the pur-
^ ou qfdtpovwg the king ; it charges farther acts*
pamely, thut they caused to be composed and
rritten divers books» pamphlcls, letters, in-
uctions, resolutions, oraers, dcclarAtious,
ddresses, and writings, containing incite-
^toents, induccmcDls, and exhortalionfi, to
move, seduce, and ^tersuade the subjects of
ihe*4(in^ to send delegates to tuch canvention ;
as to which 1 say ut many of them, though
I did not know their real character till I had
fieen them all together, that they arc both
I0vcrt ajCtS| and evidence of overt acts of high
llreason.
Now» before I state to you the particulars
Df the evidence, I am afraid I roust, however
iinful it is to me to ask so ^reat a portion of
^our attention, trovible you with some general
[observation^ that I think will have a lenden-
ley to render intelligible to you the complicate
Ifd mass of evidence, which I have to lay be-
fibre you.
Gentlemen, the convention, meant to be
called by those who are charged with the
conspiracy in tbia indictment, was, as 1 coU
lect from the effect of the evidence, a conven*
tion of persons, who were to assume the cha-
racter of a convention of the people, claiming,
fkt such, all civil and political authority, pro-
posing to exercise it by altering the govern-
ment, otherwise than by acts of the present
constituted legisbture, otherwise than by
those statiites, according to which the king
I has sworn at the hazard of his life to govern.
Gentlemen, if tliis Is made out, it appears
J fo me to follow necessarily on the part of all
|/|ivho took a step to assemble it, that they are
fuilty of a conspiracy to depose the king, to
^ epose him from the character which he hohls
\ in the constitution of the sovereign power of
[this kinedora, as by law established, that law
I l>y which I again repeat to you, he is iwora
f to govern*
uentlcmen, if thay conspired to assemble
j ina conveniion, which was of its own autho-
rity, and against the will of the legislature,
»nd in defiance of it, to act as an assembly to
i iabtitule a government, and to assume' so
iar sovereign power, it is, I conceive, accorrl-
ing to the law of England, a conspiracy to de-
> pose from the sovereignty hira, who under
' the restraints of the constitution and the law,
flow holds thut sovereignty. There cannot
be two sovereign powers xn a state; there may
lie a compi legation of authorities vested in a
great variety of persons, making up one sove-
r 'V iiinot be two sovereign
^ ]"jssib|e. If a meeting
1 1 uion of the people, arro-
|n s all civil and political au-
til. -. ...i meaning to <t}i^crctse it,
i)nc or other ot these consequences must fui-
iha Vmi iilxl iJh; [niriLniuTit inuvf l.r
Trial of Tliomiti Nard^
[26*
be obedient to the king and parliament, if
cannot effect its purposes ; it is impossible : If
its purpose be to depose tlie king, 1 say, a
conspiracy to call such a meeting is an overt
act of high treason*
Gentlemen, 1 beg your attention to my ex-
pressions : if the meeting; means to oblige tlie
king and parliament to be obedient to them
by the exertion of open force, though it may
not effect its purpose, that makes no difference,
the law must be the same^ — I may be ivrong
perhaps in stating the law, but it appears to
me that the law must be the same if the
meeting projects the purpose, whether the
force ofthe meeting is sumcicnt to effect the
purpose or not.
This, I say, is a conspiracy to assume Ih©
sovereign power: it is a conspiracy therefore
of necessity meant to depose the existing
power, and of necessity to depose the king*
I say meant to dei>ose; for 1 repeat it, that
whether the conspiracy is auccessfui or not| b
immaterial.
Gentlemen, though the particular fact of
calling such a convention, now alleged as an
overt act of treason, may be represented to bo
new in the history of this country, it is not
therefore, and because it is new oi i ' i:h
as it is more than ordinarily audu m
overt act of compassing the death ur ut posi-
tion of the kiuL!;, if the intent of it was to&ub-
vert the sovcrciEn rulinjj power.
Gentlemen, there is another distinction, to
which I would beg your attention. It is of
no c(jnse«]u*Micc whether the first rneetfngi
proposed to be assembled, wot dt signed to be a
I'onvention^ thai should assume all civtl and po-
ltlicaluuthoritif,ot was onlt^ to devise the meunM
of forming a constituent assemhlif^ a bod^ whick
should assmne it ; for any act* taken towaids i
assuming it against the will, in defiance
and against the authority ofthe king and ,
Uament, and removing him from that ii
tion in the character of sovereign, wHtdi ho
has in this country; any act takeQ towards
the formation of a body, which was toas&ume
such authority, is an act of conspiring the
deposition of the king : any act towards coi^
veninga national assembly, to art uitK >o.
vereign power, not formed by li iie,
is an act done towards deposmg ' ^, who
now has, under the restraints of the constitu-
tion, and the provisions and limitations of llie
law, the sovereign power vested in him. You
cannot set about organizing a body, which is
thus to act, without meaning to depo^ the
king, without meaning to form a bony that is
to usurp the powers ol government.
Gentlemen, I think the evidence, lliat I
shall lay before you, will most abundantly
satisfy you that tlie convention, which Uie
persons ch"ir'.""^ f v-'"-^-' tr +■ -'i ■rasarorj-
vcntiun to : ,ic *ovc
!»lTtl«»
Ti'l^n tJiiWi r
^•^ to
the kiti^ aiid p^iU^UAtUii i It iUo meclu)^ la tu I founded u|*gu umvetaiii 9uiinife| vaiX the ai«
"' ••^'"
leged unalienable, and, as tliey arc called, ini-
prescriplibie rights of man, all the legUlatkc
amd eiccvtive goremntcnt of the ctmntrj/ ; that
» con*uirai \ tu ibis end would be an overt act
of hijgh ireiison, I prCMime cannot be disput-
ed ; It tlejiuf^es the king in the de&truclion of
the r* ipil aliice in the constitution of tlie
State.
Gentlemen, I go farther i if it had been in-
tended la have retained the name and office
of the kitig in the tounlrv, and to have re-
tained It itj the person of* the present king,
creatint^, however, b}- the anlhority of the in-
tended 'ctinvtniiijn. a new kaislatnre, to act
iwith him, provided ihey would allow him to
act with such new legist,iture,and thus calling
upon him to act against the express obliga-
tions ol his coTrmalioo oath, if he could forget
it, it *jiill would have been a conspiracy to
depose him from his royal aulhorily, as now
cftlablished: It he refused to act, he inusl ne-
cessarily be deixjsed from that authority ; if he
did accept, he wus not the king of England,
as he is e<^tablished by law the king of Eng-
land. But he could not accept; he could not
so govern ; he i*» sworn not so to govern; he
must refuse, must resisit, and, in consequence
of resisting* his life must be in danger.
Take it eUhcr way, that per*^ons conspired
to form a convention to assume all civil and
political authority, as pretending to be a con-
vention of the people (I care not with how
rnuch a*Kbctty they pretend to he a conven-
tion of the people), or to devise the means of
constituting suth a convention, in order, and
v/ith the intent, and against ihe authority of
parhamcnt, that there should be no king, or
m order to the erecting, by their own autho-
rity, a new legislature to act together with a
king, and together with the king, if they per-
mitted the preterit to be the king^ I submit
that such a conspiracy is an overt act in the
true constniclion of law, and high treason in
compassing the king's death, 1 lie king must
be deposecT while such a new constitution was
iraming j he could not treat with such a con-
tention till he had been deposed ; it could be
those only, that had sovereign authority, that
could frnmc a constitution: "then he is surely,
by this, despoiled of his kingly government,
rcvcn as in a case, of temporary miprisonment.
I repeat again, that he coy Id not, consistently
Irith ivis coronation oath, do otherwise than
reject it when framed: it must be taken for
granted he would reject it; his Ufe, therefore,
could not but be in danger. To suppose that
^ mch a meeting, which proposed a new con-
ititution^ would depart quietly home, and not
l/Cty if it was not accepted, is* out of the reach
of ill human credulity ; it is not according to
the ordinary course and experience of man-
ikindy to suppose that they should meet in
[ iftumbcrs, and make no use of their numbers,
I if the show of them did not produce the effect
\ intended : this is not according to the ordinary
course and experience of mankind. .
Gentlemen, the king ia bi5 parliaiucDt
could not be the sovereign power the moment
the meeting coidd act as a national consti-
tuting assetnbly, or could direct, with effeci,
such an assembiy to meet. Tlie power so to
act, or to organize with effect such a mccling
that should so act, must pro tempore depose
every other power. This is the character of
a convention of the people, I think, as given
in the evidence I have to lay before jott.
With respect to the defendant, I think I shall
satisfy you he conspired to call such a conven*
tion ; and that he said that the convention,
which I am to call, is inesislible, it ia
unlimited, it is uncontrollable, and that bjr
such a convention, my/w// andfuir represen-
tation of the people^ or a full and fair repr^
lentalhn in paf/trimenl (if you choose to take
that expression, for it Is not mere expression
that determines what men mean), is to be
accomplished.
Gentlemen, in the country in which I am
speaking, when a vacant throne was Eiveo (I
am now alluding to the time of kingWiltian^
by those, who, as they are stated m the Bill
of Rights, represented alt the estates of the
people of this realm, to king William and
queen INfary, they, who gave It, ceased to
have or to exercise the power of sovereignty :
in that instant, as every lawyer must speak of
it, in that instant the sovereign power of this
country became vested in the king and qticcm
upon tlie throne, to be exercised in legislation,
undoubtedly, with the advice and consent of
parliament, formed according to the law and
custom of the country — incapable of being
exercised otherwise, and, as to the executive
authority, exercised under the control of pro-
visions and limitatioi^s of the law and consti-
tution, and with the advice which, in every
act which the king does, makes somebody
responsible.
1 insist that the design of conspiring to
as scumble the people, who were to act as a
convention of Ihe people, claiming all civil
and political authority, or claiming power to
alter, against its will, ihe constituted legisla*
ture, or a meeting to form the means of bring-
ing together such a convention so to act, is an
attempt to create a power subversive of the
authority of the kin^ and parliament, a power,
which he is bound by oath to resist at all
hazards. But it will not rest here : this will
be sufhciently proved ; but evidence will like-
wise be offcreu to you as satisfactory to prove
that the express object of calling this conven-
tion, the express object of appointing a com-
mitte of conference and co-operation, which
was to devise the means of constituting such
a convention, was ultimately, and finally,
and in their prospect, the deposUion of the
king.
Gentlemen, beyond this, and supposing it
not to be proved, tlie indictment has charged
as overt acts, a conspiracy, without the mean
of a convention, and not through that
medium, to depose the king ; if that conspi-
racy is made oat by olhet aA^Mbssv^^^^^^asx
'^' »^^-^
267]
S5 GEORGE lU.
Trial of Thomas Hardif
[S68
a convention, assuming all political authority,
nor a meeting to devise the means of callinjg
a convention, which should assume all politi-
cal authoritv, was intended^ yet the indict-
ment is made good.
Gentlemen, the indictment farther charges
as an overt act of compassing the king's
death, which without question it is, the con-
spiracy to levy war; I do not mean con-
structive war. This I state, without question,
to be an overt act of compassing the king's
death. A rising to oblige the king to aher his
measures of government amounts to levying
war within the statute. A conspiracy to levy
war for this purpose is an overt act of com-
passing the king's death. If they conspired
to form a representative government, excluding
the king entirely, which I say is the fact, or,
if they conspired not to form a representative
government* excluding the king entirely, but
yet to compel him^ by their own strength and
force, to govern with others, and without
those, whicn he chose to remain with him, by
whose advice and consent alone he is sworn j
and bound to govern, I mean the great
council of the nation, the Lords in Parliam.ent
•ssembledy the Commons in Parliament as-
fr.ipMft(1y according to the constitution of the
eountry, and to substitute against his will,
and a^inst the will of the present constituted
authority of the country another authority,
formed on the principles of universal suflVage
and annual representation, and so formed
without the authority of parliament, X must
submit to the court, and to you, that conspir-
ing to do this would be an overt act of treason
of deposing the king, and therefore of com-
passing his death.
Gentlemen, you will also observe the
indictment has charged, and proof will be
offered to you to make it out, that these
objects were meant to be carried by force, by
actual force.
Gentlemen, the case, as I have hitherto
represented it, is not a case aiming merely at
intimidating the legislature, and inducing it
by an act done, which was, according to the
forms of the constitution, to bury the consti-
tution in its grave, to new-mould the sovereign
power ; the case goes far beyond this ; appli-
cation in any shape to parliament was not
only disavowed, but the very competency of
parliament, if applied to, to make a law to
new- model the government, was disputed,
and denied ; the idea of that competency was
held to be irreconcilable to the very principle
upon which these persons assembled. I
must however insist, and I mean to do it, with
the full concurrence of my humble opinion,
that a conspiracy to compel the king, by force,
against his will, to give his assent to an act
obtained from the iTouses of Parliament in
order to alter the government andfirame of
the constitution of the country, whether it
was obtuned from the two Houses of Parlia-
menty or either of them, by overawing them,
or not overawing theov— thai a conspsacy,
by force, to compel the king, in the exercise
of the highest and most essential act of the
sovereignty of this country, in the act of giving
his consent to such an act,— to compel him,
by force, to do that, is unquestionably an
overt act of treason in deposing him, and in
compassing his death. It is neither more nor
less, to explain it in a word, than to substitute
the will ot tlwse, who conspired to force him,
in the room of that royal will, in which, and
by which alone, the iaws of this country, and
the constitution of this country, have said
that a bill ^however obtained before it comes
to him) shall receive the authority of a statute.
Gentlemen, I have thought it necessary to
state thus much before I come to state the
circumstances of the case, and I will' state to
you in a word why. It is not to be expected
by persons, who execute the great and impor-
tant duty in the great and important station,
the functions of which you are now called
upon to execute, that council at the bar shall
be able to state to 3'ou law, that no man can
question the soimdness of: nay, gentlemen, it
is not to be expected by you that counsel at
the bar should be able to state to you in all
cases law, which men of grave character, and
excellent understandings, of great reason, and
great experience in their profession, may not
dispute tne soundness of It is the duty of
counsel, more particularly it is the duty of
that counsel, who ought to remember that, if,
in nrosecutine the subject, he presses him
unfairly, he betrays in the most essential
point the duty which he owes to the sove«
rci^n : it is his duty to endeavour faithfully
and honestly to explain and expound the law,
that is, to apply to the facts of the particular
case, reasoning upon the law, accormng as he
is able to do it, in the exercise of painful
industry, exerted under the. reflection that he
is under much obligation at least to endeavour
to represent the law truly.
Ocntlemcn, I have thought it my duty, in
a prosecution, the principles of which interest
the civil happiness of all mankind, to mention
distinctly and fairly what are j^the principles
upon which I proceed; I have n(» doubt in
my own mind, but that I have stated these
doctrines as the law of England would state
them, and; I claim from you and from the
public that, in the fair exercise of my duty,
conducted under such a sense and understand-
ing of that duty, as I have now explained to
you, you and they will do me the credit at
least to think, that the principles which I
have stated are such as I believe to be sanc-
tioned by the law of England.
Gentlemen, I shall presume for a moment,
after having read to you the indictment, and
given you that exposition of it, which I
numbly offer to your attention, that the law
has ^at least, according to my judgment, it
certainly has) been compliecf with in this
respect; namely, the indictment lias told you
witn sufficient certainty what it is, that is
meant to be imputed aa an overt act of com*
969]
Jot High Treason*
passing the king's death. It is not necessary
to be disputing that now, because, if I have
foiled in the due execution of m^ duty in that
respect, the prisoner cannot be nijured by it.
(ientlemen, 1 have before said to you,
that, in a case of high treason, tb.c evidence
must nut only be convincing, hut it must be
formal ; and, though the object of the security
of the person and government of the king is
the highebt object that the law has looked to,
yet 1 must, at the same time, inform you,
that the law for the security of the public,
which is iu truth part of the object involved
in the ot'fcct of the security of the person and
govcmmcnl of the kin"; — is csseutially united
with it— and inseparable from it: the law has
required not only that you shall have one
witness, if he were the most credible man in
the world, to give convincing evidence of the
fatty but that that convincin^^ evidence must
be rendered yet more conclusive by the testi-
mony of two witnesses ; that you should at
least have one witness to one overt act, and
tsothcr to another overt act of the same
kpecies of treason.
Gentlemen, having stated to you the pro-
ject, in a general way. to which I apprehend
this indictment applies, I presume that you
may possibly reason thus : When this incfict-
ment charges, that these persons compassed
the death of the king, and to depose him, —
that they conspired to assemble a convention
in defiance of the authority of parliament, —
to subvert the rule and government of the
kingdom, against the will and in defiance of
the legislature, — to dethrone the monarch,
reigning in the hearts of a great majority of
his people, you will naturally ask,— by what
process was it, that such persons as these
could cffcctiKite such a purpose ? When the
indictment charges, that they composed a
great variety of books, containing incitements
to choose persons, as delegates, to compose a
convention for such traitorous purposes, — in
what language, you will naturally ask, could
such incitements to such a momentous project,
have been conveyed, and to whom could that
language have been addressed? When it
charges, that they met, and deliberated
among themselves, together with divers other
falM; traitors, — at what time, in what manner,
and in what place, it may be asked, have
these )Mwplc met to deliberate upon that pro-
ject, for the accomplishment of which so many
persons must be engaged? — By what means
were they to bring together the subjects of
the country, to bend delegates to such a
traitorous convention, to assume such sove-
reign power? This sort of question may be
purbued. I shall not pursue it by observa-
tions upon every overt act in this indictment.
Now, gentlemen, my answer to this is a
short one. I think it will be proved to your
satisfaction, tliat, as tliey meant, in the
words of the act of parliament, to introduce
that svstem of misery and anarchy, which
prtviifed 'm France, they meant to introduce
A. D. 1794. [27if
it by the same means,— to proceed upon the
same principles to the same end, — ana by tiie
same acts to execute the same purposes.
Gentlemen, if the experience of Europe had
not manifested what has passed in France
(and this project might perhaps be brought
from France into Great Britain by but an m-
dividual or two), if that experience had not
shown us what has passed in France, to the
destruction of its old government— to the de-
struction alike of that government which ;
they substituted in the room of its old go- \
vernment— and which, in the last act of its |
power, protested against I he existence of ^
clubs, as incompatible with the security of I
any country, I say, till the subversion of go- ?
vernment iu France took place, and upon \
principles, to a blind admiration of which xq j
this country, — a country which, under the pe» f
cuHar favour of Providence, is alike in its '
blessings, as it is in its situation, ** toto divisot '.
orbe Britannoit,^' we have found a disposition
to sacrifice all those blessings — it could not ;
perhaps have entered into the heart of man ■
to conceive, that a project so extensive should <
have been set on loot by persons in nrnnber :
so few ; — that a project, existing almost every i
where, should yet be visible no where; — that
a project should be so deeply combined, and
complicated, — should exist to such an aiOMnt
inconceivable extent, — should be formed with
so much political crafl — it could not enter
into the heart of man to conceive, that it
should have existed in any country, much
less, that it was possible that it should exist
in this country ot Great Britain to the extent
in which I am sure, whatever your verdict
may say upon the guilt of the prisoner, you
will be satisfied it has existed in tliis country.
But the law of England does not require
that any such case as this should be proved
before you. If you arc satisfied tliat what
the indictment charges was imagined, and
that a step was taken to efiectuate that
intent, it is enough — it is not the extent, in
which the project was proceeded upon — it is
not the extent to which tlie project was
ruinous —it is not necessary to prove, that the
means were as competent to the end pro-
posed, as they were thought to be, by those
who used them. No, gentlemen, the provi-
dence of the law steps in upon their first mo-
tion, whether they furnibh themselves with
means adequate or inadequate to their pur-
poses—the law steps in then, conceiving its
providence at that moment to be necessary
for the safety of the kin^ and the security of
the subject.
The project, the general character of which
I shall give you, proving it by the particular
facts, and applying the particular facts (for I
have no rignt to give you the general project,
unless 1 can so apply the particular tacts) to
the person now accused, seems to me to have
been this. Imported from France in the
latter end of the year 1791 or 1793, by whom
brought hither it does not much matter, the
§
inlent was to constitute in London, witli
affiiiate*! societies in the country, clubs which
were to govern this country upon the princi-
ples of the French government, the alleged
uoalieDabler imprescriptible rii^hts of man,
such, as they are stated to he, luconsistcnt in
the very nature of them with the being of a
king or of lords in a government — deposing,
Iherefore, the moment they come into cxeru-
lion, in llic act of creating a sovereiu;n power,
cither mediately or immediately, the king,
and introducing a republican government
with a right of eternal reform, and therefore
MPilh a prospect of eternal revolution.
Gentlemen, we have all heard of a club
called the Jacobin Chjb al Paris. Thi!», with
its affiliated socielies,— -however impossible tt
liras thought that it should effect such things,
—however wild the man would have been
thought, into whose head ii^uch an imagina>
tiott could have entered as that it could effect
them» first overset the old constitution, then
introducct! another, which could not exist
upon the principles which gave it birth, and
has finally introduced government afler go-
vernment, till it has at last left the country
in that nndescribable state of things in which
we now see it.
Gentlemen, the great end of the persons
coDcerocd in this project, though not alto-
gether visible, or not much disclosed upon its
first formation, was, when they had suih-
ciently diffused their principles through tins
country, bv artifice, — by union,— by combi-
DaUon, — by aOiliation, — by fraternization
(those who formed the project, whoever they
were, endeavouring to force it into execution
by means which perhaps would shock the
minds of men that are not always dwelUng
upon political subjects), to assemble a con-
vention of delegates from clubs, to assume
the power of the people, supported in the
assumption and exercisjc of that power by
the individual members of the aflSliated so-
cieties, and by their combined strength.
Gentlemen, we have no occasion in this
cause to be disputing upon abstract questions,
MS to the power of the people to change their
[ ^vcrnment. I state to you, that the iuten-
I lion was, to assemble a convention of dele-
I gates from those clubs^ to assume the powers
I of govcrnmeot. The people, the infinite ma-
jority of the people adverse to any change,
jj;„^„_..: I :^^ i t,.-,v ti »- -- \j^ the admi-
t lid vices in tlie
an^Jently attached to the oM
must have bern averse to have i . ,_.,,_.
by a convoiilion of the delegates from these
suciciics, wlio meant to have ai^umcd tlic re-
r J of the people, and to have cxcr-
VI powers which they stated to be in-
hoft;iat iu il)OM whum tliey piofcs^d to re-
prevent.
bow jviii/c>uiii h^^i^u iiiai uit ojiuuc/a ut.ihue
Trial i/ Thomas Jlardif
fraternizing societies should have the force of
the will of a majority of the nation, though
they constituted a vast and infinite unnonty
indeed. You will find, in the evidciKe to be
laid before vou, th»t it was j^erfee tJy under*
stood how this might be l>y those who are
named in this indiduient. The ^reat bulk of
the community, cngic;ed in diftt'ieut puriuils^
are therefore iacapahie of being comlnncd ia
opfioMtion to ihe execution of a purpose,
which is to be brought abuutby great bodies
of men, thai are combine<). I need not give
you a J I rouge r instance of it than thi%: — Ii is
within the memory of rnost of us hving, that
a few thousand men in St. GcorijeV fields,
combined in one purpose, reduced this metro*
pohs to an absolute state of anarchy, a state
m which no government exi'-ted * If any
man had been a-sked, a fortnight before the
event to which 1 am now alluding, Is it pos*
sible for four or five tliou<§and men to assem-
ble in 8t. George's iietds, and to rob and
plunder every bo<ly they choose in London
and ten miles round it? That would have
been thought utterly impossible — but yet it
happened — why ? because a combination of
the few will subdue the m^inv, who are not
combmed, and with great facility; and com-
bined bodies of men have had, as you w^dl
find, an existence in this country, to an ex-
tent which few men had any idea of
You will find them or^nized, — prepared
for emergencies and exigencies, — relymg upon , y
their own strength, — determined to'acl upofi y
tlieir combined strength, in a system of act-
ing together, — in some instances acting with
a secrecy calculated to elude observation— in
other instances, proceeding, by directly con-
trary means, to tne same end^ "representing
their numbers as greater than \4*ey were, and
therefore increasing their number by the very
operation of the uiHuence of the appearance
of strength upon the minds of others, without
a possibility that tliat misrepresentation should
be set right. You will find them inffaming
the ignorant, under pretence of enlightening
Ihem ; — debaoching their principle^ tou-ards
their country, under pretence of 1 1 >-
hticat knowledge into them ; — tj^
tliemsclves principally to those whobc ngiitf^
whose interests are, in the eye of the law nod
constihition of England, as v' ' s©
of any men, but whose cdn •!
enable them immediately tu ^'-
twcen poUticai truth and th* v-
tions held out to themi — v -e
passions of men, whom 1 ^l
placed in the lower, butu^Li,.., iy
resptttiible situations of life, ton a
against all u-liom ii^ I'^iunlv luM ' ■/
aa&igiiin *-
pertv,— r -V
as their ^ ihoAo
whom 111 .—and.
* See the caso of lord George Gardoo for
bi^ U6a50% AMi^t V'oL 21| p. 495.
1
87SJ
Jbr ¥ligh TreasorL
ia Oider, at the same time, to shut out the
pO«t!)Dtty of forrcf ting original errori or rec-
tif^ those whom they had
i^ incd) debauched, and
them into these afH-
^ had subscribed tests —
! thi*y were not to exa-
liccn admitted^ hut the
&ti|jii.> «-j) ^viiuti they were to carry into
ilwtci^ wheu Hssembied in a convention —
into execution those principles, as
for the people, by a grciit majority of
1 ihey were held in utlcr detestation.
CenllefDro, to say that an act done was
MciBt to be done as a mean^ taken in the
fMCmioD of ftuch a project as this is, till the
DQ« ivbo tikes it, thinks the scheme prac-
Me, I ttdmit is not reason^ible, hut un-
bl^ly he may ihhik it praclicablc long
. L»aily so. Now, you will be abun-
rd, that these conspirators thought
i> now come — thsit the time
which had been the object
ij^iuii- tr\j'«'i^iiitiun, douhting tor a year or
whether it would ever be gratified, that
time wan n<m come, and the measures
werf taken upon that supposition —
jli tiif- Mifptjrtunity had arrived, which, if
I ot now, would be lost for ever*
TCj n, the people of this country have
Id gcDcfBl a rooted attachment to its govern-
mtmt, Tiie public opinion of government is
in Hot country, as well as in every other, its
fliidffti S4ipport : and therefore it became
meecmmMj to infuse, where so much could be
mStilY lii^ested, where the mind was pre-
wed for It, an opinion, thut the form of the
Priliih gciTernment w<i5 mdically vicious —
"* it i»m& ' '' rn principles of oppress
nleJ on the destruction
-uiPj'Ubtc, and unahenable
hers, you will find, ihey
irv io use a little more cau-
lu, but to humour their
ni of the constitution,
of wcll'meaning igjno*
uf instructing it, to en-
L al 1 the project of de*troy-
»i. s^t which they were aV
To Ui^uii, ihcrcfure, the torm of the
I wAt not spoken of in terms which
; I >t to be a conde unation
pi .e rCiiDy such, hut by
r il expressions, such as
I lair representation of
mt pf*>r'' ' ' 1 1 1" — " a tul I represeu la-
Utib %tf imclimes willu»ul nien»
lir»« nf vf r with actual mention
tit I cxistin;* together
%, ; U'rms, which cer-
to t It muy be contended
m ' ! mesin ; but terms the
^■0 1 inly the same
^f%et' were used in
►untry during
Jh, when we
uuLicT nao ivitig im Ujisxa; tl^uil may sig-
U D. 1794.
[374
llHI--IM»t tu
HlKhflWrot
tnecL uimIc i
nify a g:ovemmcnt existing without Lords < _
King, by declaring the obtaining such a re*1
presentation of the people as necessary to the \
natural, unalienable, imprescriptible riglits of 1
inan, as stated by Mr. Paine: by these means^l
and artifices, they attempted to engage ia f
their service the physical strength of men.l
who might not and did not discover the real j]
nature of the plan, which that strength was 3
to be employed in execuling; who had not]
information enough to discover what the re*
presentation was metint liniilly to do or la
execute. But you will find the persons men*
tioned in this indictment had no doubt about]
it. I mark these circumstances to ^'ou,
cause, in the evidence that is to be laid befon
you (and I am now Btating the general cha«
racter of the evidence, ananot the principle
upon which the charge is made), in the cvi-^
dence to be laid before you of the plan for the
execution of these purposes, some very re
markable particulars occur; and when vou
come to decide upon this case, 1 humbly beg
your attention to those particulars; some very
remarkable particulars will occur.
You wilt find that the leading clubs, hfi
which I mean the Constitutional Society^^
judging of its conduct for the purpose of thi9^
cause, though in some other cases we must!
go farther back, but, for the purpose of thiM
cause, judging of its conduct from about thef
beginnmg of the year 1792, and the Londo»^
Corresponding Society, which was formed, f
whether created, I will not say, but whichj
was modelled by some leading members of
the Constitutional Society, and received its(
corporate existence, if I may use the lerm,^
as it will be proved, under their own hand* '
writing; most distinctly from the hand- 5
writing of some, who yet belong, and some, J
who have ceased to belong to the t'onstitu-l
tionai Society ; these leading societies, you]
Will find, enlisting into their afliliation many J
societies in the country, composed of raen^
who expressed their doubts as to the views of
these societies in London; who e^cpressed)
their fears as \vell as their doubts about thosa
views; who required information as to thei
purposes of tho!>e societies in London ; soma I
of these societies in the country profcssingi
one set of principles, some another; but aJgi
assistance is taken that is offered : accordindjf J
you will see, that the London societies enliatf
persons who profess, " that thcv ought to "
sulimit to no power but whiit they have them-
selves immedidtely cnnstilutcd :" to Ihesa
they give answers, couched hj dark, cautious, 1
prudent, but satisfactory and iolclligiblo
terms: those who profess still to have attach-
ments to the monarchy of the country, and
who express apprehensions about its safely
from the principles of the London societies^'
and the contbclmg principles of various coun-
try societies, they sooth into tnitcrnization, by
lelhng them thai all would be set right ** by a
full and fair representation of the people in
parliament^'' — a name which was given to tbift
T
275]
35 GEORGE IIL
Trial of Thomas Hardy
[278
Commons uniler Cromwell, as well as to the
\ Icgiliruulc parlianienls of this counlry at dif-
ferent periods,— without lelling them either
what these Wfords meant, or how that piirha-
fnetit was to operate to reconcile these dif-
ferences, wliich vou will find amounted o«/yto
' the differences between aa attachment to an
I absolute republic, and an attachmeut to a
{'limited monarchy.
They enlist alike those^ who expressed a
wish to know whether they proposed to reform
the Huuseof Commons^ and those who wished
to know whether tliey inleud to rip up mo-
narckif hy the roots ; their answers were calcu-
lated to satisfy each of them, to satisfy whal-
i ever might be the disposition of those, who
address the questions to them, remiiring in-
formation upon subjects so totally aifferent.
Gentlemen, this is not all : you will find
; again, that for these pijrposea,pnblications upon
Lthe government oi the country, which arc
I alluded to in ibis indictment, and which will
L he given to you in evidence, that publications
[upon the government of the country were
[adopted by those societies as their own, and
circulated, if I may so express myself, in a
mass round the cotmlry, circulated in a man-
ner, that totally destroys the liberty of the
pre.«^s in this country, — Thehberty of the press
in this country never uught to be under an
undue correction of the law, but it must
always be, for the sake of the people, subject
itQ Uie correction of the law : you will find
that the^ie publications are either brought into
the world with such a secrecy as bafiles all
prosecution, — published without names of
authors or of printers, — pubhshed by contriv-
ance, I am sorry to say by contrivance pub-
lishefl in tlie dead of night (though they are
the workii of men who "have talents to stale
them to open day, if lit to be stated to open
dav), and published in (quantities, which niiike
the application of the wholesome provisions of
the law utterly incompetent to the purpose of
allowing the correction of the law to be as
fre<juent as the commission of the oflences
agamsl it has been.
Gentlemen, wjih respect to many of these
iHiblicalions I may take notice of what has
imppcned in the history of this country, and
though no man wishes less to talk of himself
than 1 do, yet 1 am speaking in the presence
of many, who have heard me both in court
and in parliujuent respecting those publica-
tions to \^hich I allude (and which will be
offered to you in evidence), express the difli-
culty that my mind laboured under to con-
cede that suiih a publication mn tlie Address
to the Addressers, was not, according to
law, an overt act of high treason. — It did
appear lo mc that Hie pubhcalion of the
book called the Address to the Addrts-
sor« was an overt act of high treason,
for the purpose of deposing the king; at least
I thought it required an ingenuity and sub-
tlety, much beyond that which belonged to
lay mind I to state {»atisfa£tQry reasons why it
was not 30 ; but there were reasons salis^
tory to those who can judge better than I can
and therefore that book was treated only as i
hbel ;^-but when I come to see it, as con-
nected with the mass of pubhcatiuns alluded
to in this indictment, — as connected with
measures that I have to state to you in the
course of opening this cause, — and as con-
nected with the project which this indicfmeot
imputes to depose the king, I say it is either
most distinct evidence of an overt act of high
treason, or it is an overt act of high treason
itself.
Gentlemen, you will also not Cail to obserre
(and I state it as a general feature andcbanw>
ter of the evidence that I have to lay before
you) — the mahgnanl art, and if I may so ci-
press myself, tBe industrious malignity, with
which discontent has been spread by Uicsc
two societies in London.^ and the means of
spreading it have been studiously and anxiously
taught *rom society to society :^ — the means
of spreading sedition, fresh as from London,
in everj' town, all with reference (for the?
are not material, if you do not find they had
such a reference) to the final accomplishmeot
of the same purpose : you wnll not fail to ob-
serve how the passions and interests of iodiv^
duals have been assailed, and the method of
assaihng them taught, according to their
stations in life— not merely upon government,
— bul> for the purpose of subverting govern-
iiit'tu, upon tithes— corn-bills— taxes — gatne-
laws — impress service— any thing that could
be represented as a grievance, as well as the
government itself, and to thi« intent— tliat,
m aid and assistance of each other, si
as they expressed it, ''might overs|*:
whole face of the island/' and '' that the i-J j.ml
might become free" — you wilt mark their ex-
pressions— "by tlie same means by wbkh
France became so/*
Gentlemen, in staling to you the ehaneter
of the evidence, it is necessary for me lo make
oue observation, and it is the last I shall trou-
ble you with : it is with respect to the prin-
ciples upon which construction is to be given
to the written evidence that will be adduced
in this cause, ^sow I desire to state this to
your minds as a principle perfectly reasonable
in the administration of justice towards men,
who are called upon to answer for offences
that the language which they use, ought to
be considered according to its obvious sense.
If the language admits, and naturally admits,
of a double interpretation, it must then be
consi<lcred according to the nature of the prin^
cipie which that language is calculated to
carry into execution ; each paper must be
considered with reference to the context of
the same paper, and with reference to the
cuiilents of all oUser papers that form the
cvidcncti of the same system, which the paptr
produced is meant lo prove.
^ow, it ynu should find that, in detailing
the objccb uf this society, in detailing what
they meant t^ do, and in detailing buw they
9Tn
Jor High Treason,
A. D. 1794-
[27
loeiiit to eieeute infaBl tbcy iiurposed, thcj^
ibcutd ill fkct liave statetl Uial Ihey meant
"^at hiwasle^al, — nor that which
1, — nor mat which was other
ticj.!-on> u wiU be in vain that they have
ughl fit (for the greater prudence, the
r, and the greater caution which
most abundant evidence to prove
' ccasionaJly, but add to the
ng the danger) to assert at
,, ...iLQ they have used general
je^ that what they meant to efiect was
aliil that they meant to effect it in a
itstitutional manner. It will be-
who have the defence upon their
, Ui btale to you how, in a IcgaJ and con-
Sional manner those thin^^s could be
which were intended to be done, and
I this ladiclment states were intended
V dooe« tl' I prove to your ^-.itisfaction that
ere intended to be done by the means
inuiientSy wliich the indictment refers
Ef*—.!^^-,^ of the jury, their principle, as
fj f, was, that equal active cttizen-
fkiy .- -"'"^tt of all men, and ihat upon
Ibis prn ir representation of the peo-
|li wa- - ked for- Now, it requires
06 peatooiit^ to 9tate, that a representation of
lilt peoph:' fouDiled upon the principle of equal
icijve c of all men, must form a par-
iwnni > h no Kiog» nor Lords, could
Ti)^«; i> an laid of equal active citizen*
Cbfi inoment thnt either of them exists,
to my ' I i'jn of equal active
J, and ij' » Ikeir corulmction
^Hi for they f.tHte iiiai the effect ofitis «
fWfittmmlQim gor^rnment. But it is not
iynj|li for me to tell you, that, in reasoning,
lUi i» die eoDsequence ; it is a circumstance
19 Im tUcen into your consideration ; but I say
I ihaU ttiufy you, if I am bound to^o farther,
tetllic spphcatioo of the principle of equal
iClif« dtiteoftbip, according to them, was to
It diA icMindation of u representative gtfvern-
ttHl, rejecting the King and Lords out of the
•jftltai. Thr principles were the principles
ifOtt wbidi ' mtion of France, in the
y«!«r 179!, V' I ; the principles of that
the principles of equal ac-
tliey attempted indeed to
e A kiu'^ m the constitution, and to
wlul I may call a royal demoiracy t but
ftbsU '- ' " Visfration, that the
London knew thai
c^^iisVitukiuii LiJiJini iuit exist, that their
fthlMtet led tlieui to a distinct knowledge
liitt tniiei»n«-tnkit'>''n could not eust : it was
ntbe mifit ist 179? entirely over-
sale i ^ I hud from the transac*
of tikis nociety m llie months of October
Nofcoibef 1799, unless I mistake the
9§ut <vf the cvidenci*, the clearefit dcmon^tra-
tioii ihst ibe^ ^urirtte? meant in applying
^kam |iiitici|i}e%, ^ . y themselves state
1b4 dweuojred n n:e of a king in
tlicy niusl destroy the exlsl-
ence of a king in any country ^—you will find
tliat,from October J792 al lea^». these societies
meant to destroy the kinj in thiscounlrr, am
that this was the natural elFect of their ow!
principles, as they understood them.
Gentlemen, you will now give me leave ti.
state to you, as well as i can, and as intelli-
gibly as I can, the mass of evidence, and the
case which I have to lay before you.
The particular act, the nature of which wiil
be to be expiamed bv all the rt?st of the evl
dence, whicti has led to the includin;; the!
particular persons in one indictment, arosftj
out of a letter, dated the 27 th of March i79ig1
which was written by the prisoner, tt)en the'
secretary of the London Corresponduio; ho-
cjety, to" the society for Constitutional infor-
mation. The. words of it are these :
** I am directed by the London Correspond-
ing Society to transmit the following resolu<
Uons to the Society for Constitutional Infor-
matioj), and to request the sentiments of that
society respecting the important meastires
which the present juncture of affairs seema
to require. The London Correspondii ^
ciety conceives that the moment is arrived'*
mark tlie words ; for, in the rest of what
havt to state, you will frcauently hear ol the:
time to which that alludes — ** when a fui"
and explicit declaration is necessarj' from ai
the friends of freedom, whether the late ill
gal and unlieard of prosecutions and sen teno
shall determine us to abandon our cause, <
shall excite us to pursue a radiciil reform with
an ardour proportionate to llie magnitude of
tlie object, and with a zeal as distinguished on
our part as the treachery' of others in the
same glorious cause b notorious. The Society
lor Constitutional Information is therefore re-
quired to determine whether or no they will
be ready, when called upon, to act in con-
jimction with this and other societies, to ob-
tain a fair representation of the people." Gciw
Llenien, give me your attention presently to
what they conceive to be a fair rcprebcnta'lioi
of the people, when I come to state the reso
lulions which they transmit! ** Whether the:
concur with us in seeing the necessity of
speedy Convtntion for the purpose of obtain-
ing,*^ (then they use the words), " in a cunsli-
lulional and legal method'* — of the eflect of
which you will judge presently, for the me-
thod will not be the more constitutional and
legal for their calling it so, if tlie nuahod is in
fact unconstitntional and lUej^al — " a redress
of those grievances under which we at present
labour, and which can only be effectually re-
moved by a full and fair representution of the
people of Great Britain. The London Cor
responding Society cannot but remind ihet
friends tiiiit the pt esent crisis demands all the
prudence, unanimity, and vigour, that ever
may or can be ejierled by men or Ilritons;
nor do they doubt but that manly firmness
and consistency will finally, and they believe
shortly, terminate in the lull accomplishment
of aU their wishes.'*
S7&]
35 GEORGE IIL
Trial qf Thomas Hardy
[280
They then resolve, and these re&olutions
are enclosed : " lsl« Thai dear as justice and
iibcrly arc to Britons, yet the value of them
' is conipiirativcly smalf without a dcDenilancu
on Iheir permanency, and there can be no se-
curity for tiie continuance of any rights but
to equal laws.
" ad, That equal laws can never be expect-
ed but by a full and fair representation of tlie
people; to obtain which, in the way pointed
out by the constitution," — you will sec what
that IS in the third resolution — ** has been
and ii> the sole object of this society ; for this
we arc rcaily to hazard every thing, and never
i>ut with our lives will we relinquish an object
whit;h involves the happiness, or even the po-
• Jiticai existence of ourselves and posterity,
" 3rd, Thul it is the decided opinion of this
socielY, thai» lo secure ourselves from the fu-
ture illegal and scandalous prosecutions, lo
prevent a repetition of wicked and unjust sen-
tences, aiid to recall those w*ise and whole-
I ^me laws which have been wrested from us,
i nnd of which scarrrly a vestige remains,*'-^
I- Gentlemen, vou wdl permit me to call jour at-
I lention to what the ulijects were which were
j io Ire Hccomplishctj-—** there ought to lie im-
I mediately/* — what?—" a cttuvetdhn of the
peopit hy delegate* drpnUd far that purpme
the different tocietkt vf the friends of free*
/* And what are the purposes Which
convention, which they themselves re-
present as a convention of the people, are to
execute? Why they, the delegates, forming
a convention oi the peopir, are to recall those
•wise, wholesome laws, which they say have
been wrested Iroui them. Before 1 have done,
I shall prove distinctly that this in the mean-
ing of the passage, and the meaning of the
passage will be to be collected from the whole
cf the evidence unduubtedty, not from this
particular part of it.
The lonsliiulional Society, there being
present at ihut lime six of the persons men'^
tioned in this indictment, willioui any delibe-
ration whatever upon a proposition so mate-
rial as thill i6— and iherelore it must be left
lo you, upon the whole of the evidence, whe-
ther it is fairly to he inferred or not, that this,
like a grctit in;iny other papers of the London
Correspundinu; S<*( iely, really came from the
^ Qstitutiouulssocicty — they immediately or -
«d that their secretary shall acquaint the
London Lorrchponding Stjcieiy, that tlicy had
received their cunnuuntcaliou, that * they
heartily concur with them in i '
h%\c in view, and thai for tli
the purpose of n more spriJ.
co-opct^ition, they invit* sIimii i^
'"-♦ '"'i;V eveiiUi^^ ^ *ic.r^«if-ii of
^l^er*.
lu- in In [\in imrticulars of
' leave to
■111 ivty, in-
I m Uu& mdiiiiuent, rd to
«e UiAt delegation: i was
1 9l Ibe ante time a Coiuuiitle« of Cor-
respondence of six members of this society ;
that afterwards the London Corresponding
Society formed another committee ; that the
two committees met ; that the two com-
mittees meeting, came to a determination that
this project of calling a convention of the
people should be carried into effect; and
then, that a joint committee of co-operation
of both societies was formed by resolutions
ofboth.
Having stated what happened upon tlic
arih of March 1794, and connecting it, as I
shall do presently, with the very singular
facts, which you will find also happened in
that year, you wiU give me leave, in order to
show what the true construction of this act is,
as well as to stale the crminds upon which
the indictment, even without this act, charges
a conspiracy to depose ihc king — you will
give me leave to stale the transiictions of these
societies from the month of March 1799.
Gentlemen, in or about the month of March
1702, — whether before that tunc the London
Correspondintf Society had existed or not,
seems to me to be dubious, and therefore I
will make no assertion of that one way or
other; but supposing it to have existed, it
will be made extremely clear that this society
existed at that time without a constitution,
as they call il, and was indebted to a gentle-
man of the name of Tooke for the constitu-
tion under which the society was modified,
and was indebted, I think, to a gentleman of
the name of Vaughan, for his assistance in the
composition of the code of its laws.
Ihc fir»l correspondence that I find be-
tween the Constitutional Society, and the
London Correspoudmg Society, wtiich I have
to Slate to you, is in the communication of the
principles of the Corresponding Society, sent
with a letter signed by the prisoner at thebar^
which letter is in the following words ; *• I
am ortlcred by the committee to send to the
Society for Constitutional Information in Lon-
don a copy of our motives for associating, and
the resolutions we have come to : we mran
to persevere in the cause we have embarked
in, that is, to have (ifpossilde) an equal repre-
sentation of the people of this nation in par*
liaraent.*"
I observe here for a moment that you wiU
not be surprised, wlien I get to tlic conclusioa
of this busiucsA, that this cautious laiig;uage
was used in the outset t it will be for you Uk
judge whether a i^ludied caution is fairly im-
* to the language. It prucecdiS thus:
hould be exceedins^ly happy to enter
ifuo a rorrcsp ' ' ' " ; Ty, if it
is not too nil expect
suchin honour , ..u«. " - wt
..f
hope that they will di
idcsrriu!i
111-. ■■-■'.'■.:. ^ -■ ■ ' ■ ' ■
of liu&i &0f4c:iy, wkich rr&oiulions ptirp^irteii 10
SSI]
for High Treanmu
signed " Thomas? Hardy, secretary.** It
"ImPOcncil^ by an ucd(!er\l not very easy la t»e
1 I'or nt present, and, nutwithsland-
1, I shall prove distinctly to you that
art* the aclof Mr. Hardy r that
"Thomas Hard y, secretary "^ —
isAgn^iure, as I am inslnicted, in the
l-writinjj of Mr. Home Tooke ; that is,
B^irdy jn ihc London Corresponding So-
\ ^ends the resolvilions of the London
I _ t - - » - ^ tpologiEing extremely
111 presuming to send
■ Lj^L.iuuonal Society, the sig-
resolirtions bearing the name
•^, . .. .„ i.^rdy in the hand-writing of Mr.
Tookc : whether those resolutions were finally
fettle<l by that gentleman or not, I do not
ikti^jm I but you will find that there exibts a
^pup^r which contains, I think, distinct evi-
'fSence upon the !ace of it> thai those resolu-
tikrtxt have been settled, with a good deal of
frAlion, by the same i^entleman whose
writing occurs in the signature which I
re been stating.
Grnllemen, before these resolutions were
and before I slate the matter of theni to
yoii will allow me to mention that there
*■ •' tt a correspondence between other so-
lid the Society for Constitutional In-
t ...... ;,.ii, of such a nature, as, in order to
^•laikc this ca?ie intelligible, will require some
cb^crvjtions from me, nnrl ?,nrne altentjou
; il is the con r ^y of other
^_ hilt which corn , nrfi I shall
h u manner with the London
J Society, as in fact to make the
oiXXkC other societies the acts of that so*
id of March 1792, with a view
lial were the principles of this
T L state, that they
the thanks of
jjvi n uj >jr. Thomas Paine,
masterly book intituled. The
m ,.,u,^K ....} Qfijy ^hc male-
' ribblers are de-
-Lcd ridicule, but
rtant and beneficial
i so irrcNtstiblycon'
I romisr! the acceleration of that
nl |)eriod, when usurping bo-
tnd proHigale bornugh-hoyrr.'*
?d of what they impudently
!v— the choice of the
fie. The CoH'^titu-
\* expressing their sa-
le a pubhcation has
'- ' -■■ ^. - -..-I
hich I heir
I what purpose you
it* to ilate to you the
'U\s business — **That
. iind all future pro-
n.^fU]j^% ul ih4?^ ftociciy, be regtilarly transmit-
A. a 1794. [282
ted by the secretary to all our corresponding
constitutional societies in England, ScotlanoJ
and France/'
Now, gentlemen, as I shall prove what the
book was to which this resolution alluded, t
shall take the liberty at present to state in a
few words to you, as far as they affect the ex-
istence of a king in this country, those sub-
jects, which, according to the lanjgnage oftliia
resolution, tbe Constitutional Society sincerely
hope that the people of England would give
attention to, as discussed in Mr. Paine's first
book. In that book these doctrines, with re-
spect to Great Britain, are laid down: ^a
constitution is not a thing in name only, but
in fact ; it has not an ideal, but a real exist-
ence ;*' and you wUl find this extremely im-
portant, because in the result of the whole
evidence that 1 have to lay before you, it will
appear that they did not only distinctly dis-
avow making any application to parliament,
but the competence of parliament to do any
thing by way of reform, because the country
had as yet no constitution formed liy the pei>-
plc, Mr. Paine proceeds t ** Can Mr. Burke
produce the English constitution ? If be can-
not, we may fairly conclude that no such
thinc^ as a constitution exists."
After staling that the septennial bill show-
ed that lliere was no such thing as a consti-
tution in England, the book stales a farther
fact, not immatcriaK that the bill which Mr*
Pitt brought into parliament some years ago
to reform parliament, was upon the same er-
roneous principle, that is, upon the principle
that parliament was able to reform itself.
With respect lo other subjects, to which the
attention uf the people of^England was called,
you will find that this book, speaking of
modes of government (and this is also ei-
Iremely material with reference to the con-
slructiun of what is aflcrwards to be slated lo
you), represents that ** the two modes of go-
vernment which prevail in the world are, first,
governments by election and representation ;
secondlv, governments by hereditary succes-
sion : the former is generally known by the
name of republican, the latter by that of mo-
narchy and aristocracy/'
He divides government into government by
election and representation ;— a representation
founde*! upon election, and election founded
upon universal suffrage ;— and government by
hereditary succession. He then stales that,
from the revolutions of America and France,
and the symptoms that l»ave appeared in
other countries, it is evident the opinion of
i\\£. world is changing with respect to govern-
ment, and that revolutions are not witTiin the
progress of political calcutalion; and that Ihe
British government, not existing upon the
principles he recommends, is not a govcm-
uicnt existing upon such principles that a na-
tion ought to sunmit to il ; ana that the par-
liament of the country is not able to form *
government, that will cjdst upon those priacK
pies.
S83] S5GE0EGE lU.
Genilemeiiy tt is a very remarkable cir-
eumstaace, as it strikes me, that, though va-
rious societies had existed in other parts of
Great Britain, till about the time of the for-
mation of the London Corresponding Society,
none of these societies had asked or invited af-
fihation wilh the London Constitutional Socie*
ty, which you will find they all ask and alt in-
vite about March 1792, whether by manage-
ntent or not, I do not pretend to detemiine^ it
will be for you to judge ; but they all ask and
all invite aHiliation with the Constitutional
and Corresponding Societies^ as soon as the
latter is formed.
Upon the 16th of March 1792, you will
find a rjesolution of tlie society for Conslitu*
t^onaX Infonnatiou, which states and returns
thanks for a communication from Manches-
ter» signed *' Thomas Walker,* president,"
and " Samuel Jackson, secretary ;^' in which
'' they return the thanks of the society to Mr.
Thomas Paine," who appears to have been
a member, a visitor of ttiis Constitutional So*
ciety, " for the publication of his Second Part
of tne Eights of Man, combining Principle
and Practice." I shall endeavour to stale to
you in a few words what is the combination
of the practice stated in the Second Part of
the Bights of Man, with the principle in the
First Part, " a work," they say, ** ot^ the high-
est importance to every nation under heaven,
but particularly this, as containing excellent
and jiraci legible plans for an immediate and
considerable reduction of the public expendi-
ture for the prevention of wars, for the ex-
tension of our manufactures and commerce,
for the education of the young, for the com-
fortable support of the a^ed, for the better
maintenance of the poor at every description,
and, finally, for lessening, greatly, and with-
out delay, the enormous Toad of taxes, under
which this country at present labours.
** That this society congratulate their coun-
try at large on the induence which Mr Paine 's
pubhcations appear to liave had in procuring
the repeal ot some oppressive taxes in the
present sfission ot parliament ; and Ibey hope
that this adoption of a small part of Mr*
Paine^s ideas will be followed by the most
strenuous exertions to accomplish a complete
reform in the present inadequate slate of the
representation of the peooic, and that the
olner great plans of public bentfit, which Mr
Paine nas so powerluUy recommended, will
be speedily carried into effect/'
Now, < n, as Mr. Paine*s plan for
the reii present inadtiouatc ulale of
thf ' ' V ' W
to, 'til-
UUit.M r'^''' ij'''- "lun I'iaLinT', .uili .is it
is stated that the other great plan-S of public
benefit, which he had 50 powerfully recom-
mended, would bt* speedily carried mlo etfecl,
it will be necessary to Aow jou, from this
letter, what were thoiic plans tor the rvmcdy
Trial qf Thomas Hardij
of the inadequate stale of the rcpresentatioiil
of the people, and other plans of public bene
fit, which this society, receiving tne thanks o
the Constitutional Society, hoped would bsl
carried into eflect.
Gentlemen, I do not take up your tim« in
stating the passages to you, but represent to
YOU the substance of that book ; that it is a
book distinctly and clearly reconimendmg tho.
deposition of the king ; if the passages in thai i
book do not prove that assertion, there is ncJ
evidence that can prove any assertion : it is M
book, moreover, which not only puts Uie kici|||
out of the system of the government of ih«]
country, but, according to which, if a perfei
representation of the people is to be formedi^
it IS to be formed not by a parliament ejusting J
in a country ^ — in which that gentleman staieM
that no constitution exists— not by that par-l
Ibraent, which he states to be totally and ab»|
solutely inadequate to the great work of forin*^
ing the constitution upon tlie rights of m«a
and equal active citizenship, which he recom*
mends: it is a work, which calls upon the peo*^
pie of England to do themselves justice in
another way of proceeding, and to form
I constitution for themselves before they ca
have any government, which is to exist upoij
I true principles. There is then, 1 say, in tlif
j beginning of this thing, a deveiopcmeol of '
' these purposes ; and I say, bey on u that, that
I if I understand the effect of evidence at ali^_
X shall satisfy you that those, who voted thin
resolution of tfianks, knew that the principlefi
I there referred to, were principles that would I
I have this operation, and meant that thejfl
should have this effect. . I
The next thing I have to state, which X\
! shall not go through very particularly, is con-
tained in a resolution of the Constitutional
Society (some of the members of which, li
shall prove to you, began to leave the &ocietjr1
about this time, stating distinctly that theyi
understood its principles to be now (hfTerentl
from the principles it had formerly acted!
upon, and to be such principles as i havml
stated) entered into upon the '23rd "«' MinH'
1792. They resolved that another
cation, which is from Sheflield, - o,
published in the Morning Chronicle, and iii|
several other uewspapens, wtiich they i
tion.
With respect to the communicAtion from
Sheffield (and it is a remarkable M ' ',
from SheiAeld, and from Norwich, 1 1 1 d j
be writing, on the same day, for tiic ^ain«
purpose— that the societies of Shcl^icld
Norwich might be aftdiated with tlif London
Constitutional Society, and the Shcfiictd peo-
ple were ^^^ - ■ ■■ ^ -it it, if it were tl»©if j
<jwn act nil ^ry wrote mor« I
one letter i;- ^^. • , ;.; ^ :, U), it is to this
fectt
^^ lii> navv iihotit f'uur rnuiilhh siuct" this SO»
r^kdv&ed wiii uilwfti you of thor
fur Tfigh Treason*
wUkh is most probable, will soon be-
TW numrrous ; and not only this large
»vvo, but the whole neighbour-
uiilcs round about, have zn at-
>Q U3: most of the towns and
are forming themselves into
ltim>i-i« ii^ , and strictly adhere to the
Imodr of ri r us : yovi will easily con*
tc' '' ior the leading members
irict attention to good or-
. , , Lind llie need we tiave of
communicating with those
Lie friends and able advocate*
foe th« same cause ; for these reAsonswe took
the liberty to write lo Mr, Home Tooke, that
lorthy friend and patriot for the rights of the
i^oplc, tn forming him of our earnest desire of
ifwtcri connexion with the society of
the 5 ioinalion of ours in London;
vcr) obliging and affectionate answer fa-
'iRQurs us with your address; in consequence^
' iken the liberty herewith to trans-
J some resolves, which were passed
#t inir ia>t meetings by the whole body, and
'^^- committee was charged with the dispatch
ppr, ♦.,... .rvl forwarding them lo you ac-
' I : Ue purpose of submitting them
'%> lh< 'Alion of your society, and to
. m as they think most pnidenL
Tou ' notice the Belpar address: they
l^pplied to us about two months ago for in-
tions as to our mode of conducting, &c.
not then formed themselves into any re-
dLSaociation. Belpar is nearly thirty
from this place, in Derbyshjre, and
il or t<?n mile? from Derby.
**lf ■ ely for Constitutional Informa-
0 u should vouchsafe so far lo
to enter into a comiexion and
with us» il cannot fail of pro-
!'s . and a<iding strength to our
'!• trs^ and to the common cause,
£l. .^ .,. ciilire motive we have in view.'*
Th^v then, upon ihc lith of March, 1709,
HI J ihdi Un-Yc was a <:onnexion between
'1
^L
H U}
I
itV
liai
fCD!J«rrn;iui^ Oi
fuTlT
•rh
\ei tliiC j^
for tt^ ai
itioual and London Cor
V (and that they should
on ihc t4th of March, which
1 before the :JOth, when Mr*
Mr. Tooke the resohilions
ned in the name of Mr. Hardy
as a communication to him
V such a body as the London
S:»t lety^ is a circumstance that
tM-rij; they then add, ** We
ibrrty nf enclosing a parcel
m .in^wrr to a letter from him
rt'<]ut>tjng some informatioQ
r UK ihu^rof conducting the
"i ' M ^ .rked in, &c, also in-
Ixjndon a number of
; , , ike. forming them-
cifty on the broad basis of the
You will be so obliging as to
in with youuntd he call
po^t 1 have wrot€ him
liMni»t W c have giirtn him our manner of
proceeding; from our setting out to this tJrae,
and hope it may be of some use. The im-
provement we are about to adopt is certainly
ti)e best for managing lar^e bodies, as in
great and populous towns, viz. dividing them
into small bodies or meetings of ten persons
each, and these ten to ap[»oinl a delegate;
ten of these delegates form another meeting
and so on, delegating Jrom one lo another,
till at last they are reduced to a proper num-
ber for constituting the committee or gmnd
council"
There is another letter of the same dale,
which has a remarkable circumstance about
it. It is addressed to the Constitutional So*
ciety. Gentlemen, it states that " this so*
ciely/* that is, the same Sheffield Society,
" feeling as they do, the grievous effects of the
present stale defects and abuse of our countiy^
— (the word originally m this letter was ccwi-
itiiution, but the word constitution, not being
that which was Uked, by some very odd acci-
dent in the letter froni Sheffield, the word
ctmnfry, in the hand-writing of Mr. Tooke, is
substituted for C4fn%titutian)^-^* the great and
heavy oppressions, which the common people
labour under, as the natural consequence of
that corruption, and at the time being sen-
sible to a degree of certainty, that the public
minds and the general sentiments of the peo-
ple are determined to obtain a radical reform
of the country," you will mark these words^
" as soon as* prudence and discretion will
permit, believes it their duly lo make use of
every prudent means, as far as their abilities
can be extended, to obtain so salutary and
desirable an object, as a thorough reformatioa
of our country,'- the word country bcingagaia
in the hand-writing of Mr. Tooke, ♦'esta-
blished upon that system, which is consistent
with the rights of' man,"— for lliesc reasons
they stale their formius into clubs, as the
formrr letter did, and they conclude thus—
*' llial being thus strengthened, this society
may be better enabled lo govern itself with
moVc propriety, and to render assistance to
their fellow-citizens in this neighbourhood,
and in parts more remote, that they in their
turn may extend useful knowledge still far-
ther from tuwn lo villa|»e, arid from village to
town, until the whole nation be sufficiently
enlightened and united in the same cause,
whirh cannot fail of beinjr the case, wherever
the most excellent works of Mr, Thomas
Paine find residence/'
Those works are the works which have
held an hereditary monarchy, however li-
mited, lo be inconsistent with the rights of
man ; which have held the constitution of
parhameul in this country to be inconsistent
with the rights of man; and those works,
upon the principles of that inconsistency,
have held even the parliament itself incom-
petent to reform any abuses in government.
The paper they transmit stales as a fact,
that the number of members at Sheffield
were, in March 1792, two thousand. TWiS
Ihc Constitutional Society in London and llie
Constilulional Society at Sheffield, thus riu*
iDerouft^ should have had no connexion by
affiliation till the 14th of March, tr9«i
though, on that t4th of March, 179 2» it ap-
pears that the Sheffield Society had had cor-
respondenccj and had become connected with
the London Corresponding Society, prior to
the London Corresponding Society sendin*
the paper 1 before stated to the Coustituliond
Society, is somewhat remarkable.
The paper proceedfs thus : " This society,
composed chiefly of the manufactiircrs of
Sheffield, began about four months ago, and
ia already increased to nearly two thousand
members," In this letter, dated March 14,
1792, they state it to have amounted to two
thousand, exclusive of neighbouring towns
and villages, who were tbrming themselves
into similar societies. They then state the prin-
ciples upon which the societies are formed,
and that " they have derived more true
knowledge from the two works of Mr. Tho-
mas Paine, intituled Rights of Man, Fart the
First and Second, than trorn any other author
on the subject. The practice as well as the
principle of government is laid down in those
works, in a manner so clear and irresistibly
convincing, that this society do hereby resolve
to jy;ive their thanks to Mr Paine for his two
said publications intituled Rights of Man/^
Gentlemen, I beg your pardon for address-
ing you so much at length on tliis case, but
I feel it my bounden duty to the public, to
you, and to the prisoner at the bar, to warn
yon fully of the whole of it. There is nothing
which, I am sure, would more certainly h«p»
pen, than that I should go^ not only out vf
this court, but to my grave, with pain, if 1
should have slated ti> you in a proceeding of
Ihis nature the doctrines of Mr* Paine, otner-
wise than as I think of them. If that is
meant to be intimated, that we may have no
dispute about them, and that we may not
misunderstand what is that principle, and
that practice, to which the passage I have
now read alludcj*, you will allow mc to read
a few passages out of this second part of the
Rights of Rlan, stiid to contam both the prin-
ciple and practice of government, and then I
ask you what those must have intended,
with respect to the government of this coun*
try^ who meant to take any step in order to
make a change in it, in such a way as the
pnnciple and pnactice laid down in that book
would require them to make it, rccoltecting
that the government of this country is a go-
vernment consisting in a king, having an he-
Tedilary crown, together with Lords and
Commons, forming a parliament accordmg
to the hiwft and constitution of England.
•thor» in the first nlace, fx-
eal of what poWibly may be
:^bt of h\
^ot call go
ur he saySj
.t!iM' nrr:«.Hns, but
of
gi iho Amtncan war. he w«a ftixviigly im*
pressed with the idea, that if he could gel
over to England without being known, and
only remam in safety till he could get out a
publication, that he could oj>en the eyes of
the country with respect to the madness and
stupidity of its government."
Let us see in what that madness consist
according to him : having stated in his for^
mcr booTt that a government ought to exist
in no country, but accordmg to the principles
of the rights of man— he repeats agsiin the
distinction he had stated in his former book|
between what he calls the two systems: he
says, '* that the one now called the old is he-
reditary, either in whole or in part,*' which
that of England; and the new is entxrel
representative," — ^thal is, a government coi
sisting of a Commons Hous-c, if you ch
so to call it— We know, that in 1649 t
roline government in this country was call,
a parliament, called a Commons House, am
it was then enacted, that if any persons shouh!
attempt to put a king into this country, they
should be deemed traitors, with much less of
an overt act manifested than is necessary' at
this day. Again, it is stated, " an lieritab;
crown, or an heritable throne, or by whal
ever fanciful name such things may be cali
have no other signi^cant explanation 1^
that mankind are he n tab I e property. To in-
herit a government, n^ to inherit tlie people^
as if they were flocks and herds.'*
" Hereditary snccessiou is a burlesque npoi
monarchy. It puts it in the most ndiculou
light by presenting it as an o4hce, which an;
chdd or idiot may 611. It requires sonm'
talents to be a common mechanic, but to b«
a king requires only the animal figure of
man, a sort of breathing automaton. This
sort of superstition may last a few years
more, but it cannot long resist the awakened
reason and interest of man ;'* then, ** in what-
evor manner the separate parts of a constitu
tion may be arranged, there is one geuersd
principle, tliat distmguishes freedom from'
slavery, which is, that all hereditary govern-
ment over a people is to them a species a^
slavery, and representative government ~
freedom;" then, speaking of the crown
England, that crown, in which, according
the law and constitution of this country,
cording to its principle and practice, is vcst<
the sovereignty in the manner in which
have staled It, he says, " having thus glanci
at some of the detects ot the two Houses
Parliament, I proceed to wliat is called the
crown, upon which 1 shall be very rrinci«<?.
sterli I!
leave to upvLTv 1 in:it tm**, wniiii ji a
often detailed for the worst of pur[ i-
not but h^ L,w,,„., ♦,. those who yi
thing of 1 I of llie c t{
charge noi^, ^'^ ^vlin .y
thing of the c- j ]
who do not ki ^ \ ,
grofs miareprtacnlattou^-^* Lhtj busmeia of
Jbr tttgh Treaso
U.T). 1794.
[290
mi'
• >
moai-^.
^M 11
h, so^iic
Vi. a^M^^i
1 kiM:: jnu^jK
lao^behoi
i supcrs^titiuus
ilMiawce I
.,»hi.r. .1,1.1
»4iii»caJ1
I'
It,"
1 ' ,
,
anotlur pni I of this work.
^ «*
vLts very welt
%Witrr
rrcitjjantlents
i»t
composers of
U
(1 ; that thq
lgii£^.
hilionof
e to re-
•anaBiciv^i^
; , '
Hmt'mhnW
mih It
lUl.M
1 H>rj) 'Jl 'it
taMiJ
incnl: aivfl K; ti-
€d|y(}w. ^....i . liut h
IV*' Ih") 'ML.,.,,.,,, -t. use
if be hwi staled
it
k' even iri the
Ittneiiiiiif tif ir
'*?.
,i!i1j-hrs lliiS
l«k.i
re.
liHb Hi
.•-,: jiil'tH
«i4tl)r
ihc constitu-
IMOI 1
he foresaw
<^ in August I ;
^I'ii,
(itKl ( t^m prove, that
IhoK pcraon*, ^
111* 1
A'PTP Ihu*? approving tlie
knew that a
ly wUh those
ESSr
Ivtrnfilei; #»»'}
ii itiem therefore,
£2."^-'"
J/.
4 kiiig s)jouid not
reiolntioas being re-
K'
^■mi''.^.-,
,.,, ^i-.rr...Lt .. .t-'i i^lttkcn
ofoallMm
ty, atid
t ^«|i, mhi^^^
to the
hMk llMvelii n>
ho**k of
^rpfOceedin-.
' uiHli;h;
bia tiiii t»
-0-
Pqoh wL
Vi,d
fiwStaifit
i Ui the lH>ok ; »iiul tiicn
wiOi j|¥i^
nation of thern^ in the
lUiiip
WorkJ, VmU Times,
Ax™,
^Llc^ojid (ieutr;*! Evcn-
' ling tiie
pnupid *
1 for the i
52Sr '
* ion,
is
Ibca,^ JUsrr^b tiiA, l^tK','— his hund^wnUu^
Ul« word* ** l^tt* ihifUianU mvmiH'n^*"
iiaikr, I rAxmot s;ty by him, hnt by
la^f, I •«p|HJ-« fnr iljc pvirpo!«e of being
famuli t (here i» ut tlte condu-
•i«i o: \T\ iho Ikmd-wntuiij ot
I: '
tccT^Aty do reiuru ike thanks qf
liu .in>fui^ ia ih€ SoCiitj/ for Comiitutionul
JM^imimn uiMi^k^d tu SMffici^I, ami tfwt
ke #«».-^.. #,5 1410^ ^ij^ wh^tjhmiUhip nmi
.J /Za'^ 'viely embraces tKcm^ as bruthrr
ffcri in the tam^ fntjse ; ■ * — ojf
3jiie :mt] practice I suppose. *' That he dp
'■ (htm i^' our tntirc concttrnnce itHik
Lilt it optmon, ru. (hat the ptopk of (hit conntr^^
are nntf us Air. httrke tcnna thu^Uy Kimnei'*^f»\
ihr iv'ri»"r of ihi-s mnsl have known very weln
in which an improper wurJ, £1
.. i imil, was used by the person t^J
whom lie now alludes, — but rational kin^i^}
better qualified to ifparote truth from en or
than hirnMti/f jyosnesiing more hondtjff and Us$
crafh
^* RtBotvfdt that this society niH an Friday I
ntrtf March 31jt^ ballot for the t etc he osw
$ucifited members rtcoitimtndtd by the Shcffitl^^
ctnumittte^ and approved ot IhiS meeting,-* — -J
T' 1 iJiia paper is tJvua ordered to be pub- 1
1 for the primary purpose, I submit, of!
itLniumending that prmcipic [and pr;u:ljce,]
which makes the Sheffield people ** fellowv j
labourers" with the Constitutional Society iQ
the siime cauisc of principle and practice, an4
which, both in the ])rinciple and practice, waf ]
anued at the destruction of the govrmraent of]
the country; — of that hereditary mormrchy. J
which Piiine represents as tyranny;— of tha|j
linated monarchy, which he represents ai
tyranny ; and for the purpose of recommendT I
ingXliai repreiteHtative government f which, I]
say, is the true sense of all the words which '
these people use :— but this is not all — you
will observe, that this paper of resohitions
was accoaiptuiitd by a letter, in which letter '
there is also the hand- writing of Mr. Took«x |
and thai the paper states that two thousand .
members belong to the Bocicty at Sheifield,
and that tliis number is to be ttalcd by pul^
lication, as the mmiber of persons belonging ^
to the ftociety at ShclTitld. In another pubh*
calum they are stated to amount to twa
thousand four hundred^iu November J 793,
it is stited^ that they were many thousands i '
now you will see from the witnesses, some of
these eurrespondeuLH, these able men, who
are so little corrupt, in the course of cxamirm*
lion — ^you wdt see, unless I am mistaken ia
the cllect of the evidence I have to oHcr, the
truth of an obT^crvatloti that 1 made, that
mankind were to be misled, and societies
were to be invited to be created, by the mis-
re^trcseniaiion of numbers, and by j^iving tQ
'Msting fiocieties a colour in I hat respect,
nhuh did nut bclunja; to them; tor to this
after all the pains which have been
* with the Shctheld petiple (and what'
p.utjs ygu will hear), those persons, who
vNLre two thousand^ have yet arrived \o bu|
about six hundred.
Gentlemen, this iocietj, haviAE m thii
letter expressed an inclination tlmt the)f
should have some associated members in tha
Corutituli* ' ' ' • !'»Ualion l)e£»in9
ill the i V in Londcni
Will tind, that upon ihc lilstol
jHf^oni wwic ballotled fur as ii^ .. ..-
U
291]
55 GEORGE III.
Trial of Tkomtu Hardif
caw
field Society f and became associated members
of this society ; you observe, that this letter
had stated Vrom Sheffield thai they had
received before a communication from Mr.
Tooke, and Mr. Tooke afterwards writes a
draught of a letter which is sent to them, in
whicTi he slates, " I am directed by the
Society for Constitutional Information to
acknowledge the receipt of your letter, and to
express to you that vciy great pleasure and
satisfaction which they received from your
communication; the society have unani^
muusly elected t^'elve" (here follow the
names of the persons), ** as associated rasm-
bers of this society,'' — These persons being
certainly, gentlemen, extremely respectable
men as subjects of Great Britain^ but at the
*ame time men, that one wonders a lililc
should, upon such a purpose as this, without
a little more instruction being infused into
their minds, have been associated as members
into this society—** and we flatter ourselves,
that when any business or other occasion
shall lead any of those gentlemen to London,
they witt be kind enough to honour the
society by their presence, and give us an
opportunity of cementing that friendship
between us, which all the zealous friends of
public freedom and the happiness of mankind
ought to feel and exercise towards each other.
** P. S. I am desired, by Mr. Home Tooke,
to request each of the associated members to
honour him by the acceptance of the books
which accompany this letter f^ — which were,
I apprehend it appears, so many parts of the
Rif;hts of Man,
Gentlemen, upon the 24th of March 1799,
a paper apecars to have been sent to the
Constitutional Society from a nest of societies,
the United Constitutional Societies at Nor-
vrich; this was the 24lh of March 1792, and
it appears, as I am instruclcd, that the words
" 'i-tth March 1792/' are also in Uie hand-
writing of Mr. Tooke.
** At a meeting of the delegates of th«
Uniletl Constitutional Societies, held the 24th
March 1799, at the Wheel of Fortune, St.
Edmund's in the city of Norwich, it was
unanimously agreed to communicate to the
getatlemen of the London Society for Consti-
tutional Information, the following Resolu-
tions:
** 1st, We are happv to sec the success of
the Sheffield Society for Constitutional Re-
form, and approve of the delegations, which
yoti and they have made in order to form a
man of general infurmalion. We humbly
teg that you would grant to us the same
favour; aiid it is our wish, that all the
societies of a similar kind in England were
only as so many member and india-
^aotubly united in one poh ,.
"'idly. We briievc iu.a m^lructing the
people m political knowNnl-^c, and in thrir
^pftmral and inherent n ^
ttnlj e0eclual way to ol: i
fef nAum^ fur m«u neco oujv i><. mauc nc*
lUftilltadwitli the abuMJH^f government, and
wiia
they will readily join in every liwfut means lo
obtain redress; we havethc pleasure to inform
you that our societies consbt of some hui^
drcds, and new societies are frequently form-
ing, which, by delegates, preserve a mutual
intercourse with eacti other, for nuitual in-
struction and information; and the trreatesl
care has been taken to preserve order and
regularity at our nieetmgs, to convince the
world that riot and disorder arc no parts of
o\n* political creed.
*^ 3dly. We believe, and are tirmly per-
suaded" (and if any man thought so, he nad
a riffht to say so if he pleased), " that Mr,
BurKc, the once friend of liberty, has traduced
the greatest and most glorious revolution ever
recorded in llie annals of history; we thank
Mr. Burke for the political discussion provoked
and by winch he has opened unto us the dawn
of a glorious day.
'* 4th ly. To Mr. Thomks Paine our thankf
are especially due for the First and Second
parts of the Rights of Man, and we tiocere^
wish that he may live to see his labonrft** —
that is, the destruction of hereditary govern-
ment and limiled monarchy, and conscqueatlt
the government of England — ** crowned with
success in the general difliision of liberty
happiness among mankind/'
Gentlemen tnis letter does not ap^
(though the words, the S4tb of March, are is
the hand-writing of Mr. Tooke) to have beea
read in the Constitutional Society till the 14th
of May 1792, when they read this letter, and
also another, which I will now state to you^
from the society called the Norwich Revolu*
tion Society.
** The Norwich Revolution Society wbhes
to open a communication with you atthisttsicv
when corruption has acquired a publicity in
the senate, which exacts from the honour of
the Dritii^U nation renewed exertions for par-
liamentary reform^ — without prejudging the
probable event''— (Ihis is a raateriarpassage,
when you connect it with what is found m
other subsequent papersj — " even of such sn
application lo the legislature, tlie society is
willing to circulate the information, and to
co-operate in the measures, that may seear
best adapted to further so desirable and so
important an end ; it is willing to hope the
redress of every existing grievance at Xhm
hands of a government resulting from an cji*
Iraordinary convocation in 1688— an eatraor^
dinary convention of all, who had at auy pnv
ceding time been elected rcpreseutativct of
the people, assisted by the hereditary coun-
sellors of the nation, and a peculiar dcnuta*
tion from the metropolis; which natiooai
constilutin^ assembly cashiered for tttSscai^
duct a king of the house of Stuart**
The opinion^ and principles of this vode^
are bcM t by an appeal to ibeir lit^
raryrc( . o^^ To James Macki&lorit^^
* In 1&03 apfioinled Recorder of Bombay,
on which occasioti hertceiired the booouroi
knighthood.
«6]
Jm High Treatcn,
A. D. 1794.
i9Q^
IT I y^ the society
II aion and giu*
1 1^ J w ledge, Ujc tloquence, and
?h i\ splrU, with wlijch he has
jw Jed, aud commented on the
ui. nnce; it hesiialcs to assent
ri II i^ 43ptDioDS — that there are
rests in bociety, those of the rich
„,-^- uf the poor — if so, what chance
the luttcx ? Surely ihc interests of ali
I indusihous^ from the richest merchant to
I poorest mechanic, are, in every community
e, to lessen the numbers of the unpro-
x% \Q whose maintenance they cojUri-
p, ntvl \ii do away such institutions and im-
ridget)je means of maintenance,
the demand for iahour, or by
im^ 1 : as the means most condu-
<]ff« U* lehensive end» the Norwich
it ' sir«fi an eqiiiLable repre-
, it A^.^ni-, .^1 iVian by Tliomas Paine,
tod th« tdirice to the privileged orders by Joel
"^ ' iw,** A book which I sbaU give in evi-
' therefore shall slate some passages
^raESCOtiy, " have also been read With
ition and circulated with avidity/' — Now
^s book you wiU hud is, in llie plainest
tD09t tmequivocal language, as I uuder-
it, an ejihortalion to ail people to get
4if iuiigty government, and addressed more
|«ticuUrJy to the two societies I have mcn^
iMtdV fts ci.'i the substance of the bu-
im% in ^ are interested, as you
nil IM wb<'n i come to State the transaction*
dOctebcr 1799.
■ The Rights of Man by Thomas Paine,
tod %km advice in the privileged orders by Joel
Blvkr«r, have al^) becii read with atlention
lod drailaud with avidity ; they point out
%itJi dcamess jsosl of the ahuses which have
Utijittlilcd uoder tlie British government;
fifty att^^tk with energy most of the prejudi^
" ,vc tendedto perpctuale them."
A- any man living couJd tliank
|jc*jt4c without informm^ them tliat, if
Ih^ r«iJly meant well to their country, they
be i in the extreme, or something
could reconcile either the
ut iniHii oi Joel Barlow's book on the
Orders with the principles of that
in 1688, which is the foundation
i4'|Im litelies of this country, is to me quite
OBl^Qcpble, Hi If AhvT St at in (7 Uic consli-
toliQiioClli] r fabricated
1 vvclve names
led members from Nor-
i »piion of some of these
fxn^ al?K>, from a siiig;idar circum-
•tidicci te bp in the h^nd- writing of Mr.
Tmkau Tb' sr turns thanks to
Iba aockti*. md Norwich for
llip raioluiioiis uf the London Correspond-
M|Sadetj^ which 1 loir* -re sent ou ihc
MiirfMafi:b,ar« 10 '
** ItiOlvcdiTbat en f,- ♦^v.. - Uual has a right
to share in the government of that society of
which he is a member, unless incapacitated,
" Resolved, That nothing but non-age, ofj
privation of reason, or an onence a.i;ums£ therf
general rules of sucicty, can incapacitate hira^^l
** Resolved, That it is not less the right^.|
than the duty of every citizen, to keep ak
watchful eye on the guveruraent of thiscoun^l
try, that the laws, hy being multiplied, do notj
dt-generale inlo o(ypression, aud that those \vh<i
are intrusted with the government do not ^ub* '
stilute private miercst for public advitntck^'.
** Resolved, That the people of Great Bri-
tain are nut properly represented m parlia*
ment,
** Resolved, That in consequence of a par-
tial, unequal, and inadequate representation^
together with the corrupt method in which
representatives are elected, oppressive ta3tes,^
unjust laws, restrictions of linerty, andwasl^j
ing of tl^e public muney, have ensued,
" Resolved, That the only remedy to those
evils is, a fair and impartial representation of
the people in parliament.
" Resolved, That a fair and imparti 
Live Music Archive
Librivox Free Audio
Metropolitan Museum
Cleveland Museum of Art
Internet Arcade
Console Living Room
Books to Borrow
Open Library
TV News
Understanding 9/11